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ALLAHABAD  UNIVERSITY   STUDIES 
IN    HISTORY. 

Published  Under  the  Supervision 

OF 

SHAFAAT  AHMAD  KHAN,  Litt.  D. 

University  Professor  of  History, 

Allahabad, 


^Hr 


// 


ANGLO  PORTUGUESE 

NEGOTIATIONS 

RELATING  TO  BOMBAY 
1 660- 1 677. 


BY 


SHAFAAT  AHMAD  KHAN,  Litt.  D.,    F.    R.  Hist.  S. 

University  Professor  of  History 
Allahabad 


HUMPHREY    MILFORD 
OXFORD  UNIVERSITY  PRESS 
LONDON  BOMBAY  CALCUTTA  MADRAS 


PREFACE 


"  This  is  reprinted  from  an  article  in  the  Journal  of 
Indian  History,  Series  No.  3,  September,  1922.  I  hope 
the  second  edition  will  enable  me  to  incorporate  further 
researches  into  the  subject,  and  to  remove  a  few 
typographical  mistakes." 


Shafaat  Ahmad  Khan. 


The  University, 
Allahabad,  India. 

27th  November,  1922. 


CONTENTS. 


Pages. 

Data  FOR  THE  History  OF  Bombay            ..         ...         ..         ,.         ..  419 — 421 

Early  History  of  Bombay              . .         . .         . .         . .         . .         . .  421 — 428 

Oliver  Cromwell  and  the  E.  I.  Company           . .         . .         . .         . .  428 — 431 

Wylde,  of  the  East  India  Trade.    His  Remonstrance  to  the  Protector. .  431 — 438 

Chari.es  II  and  Bombay        439 — 442 

Despatches    of    the    Portuguese     Governor     and    the     Kings 

Servants  :  A  Comparison         . .         . .         . .         . .         . .         . .  442 — 447 

Mr.  Henry  Gary  :  His    Administration  of  Bombay  ;  The  Petition 

OF  the  Citizens  of  Bombay               . .          . .          . .          . .          . .  448 — 453 

The  Progress  of  Charles  II's Disillusionment  Regarding  Bombay; 
The  Correspondence  of  .^.ntonio  de  Mello  Castro  with  the 

King  of  Portugal  :    Its  Importance            . .          . .          . .          . .  453 — 461 

Humphrey   Cook's  Administration  of  Bombay,   and  Sir  Gervase 

Lucas' Account  . ,         .....      ..         ..         ..         ...         ..         ..  461 — 490 

An  Account  of  the   "  Establishment  of  the  Law"     in  Bombay,  in 

1672,  BY  George  Wilcox 490—500 

Occurrences  IN  India  IN  1673        ..  501 — 502 

The  Company's   Petitions  to   Charles    II  :    A    Summary     of    its 

Grievances          . .         . .         , .          . .          . .         . .         . .         . .  502 — 506 

Bombay  Described,  in  a  Petition  to  Charles  II          . .          . .         . .  506 — 511 

The  Causes  of  the  Conflict.     The  Interpretation  of  the  Treaty. 

Clause    XI.  and  the  Instructions  to  Shipman  ..         ..         ..  512 — 5U 

Reports  of  the  Committee  on  Bombay    . .         . .          . .         . .         . .  520 — 5'^. 

The  Application  of  the  Treaty  :  The  Grounds  of  the  Quarrel   . .  527 — 540 

The  Dispute  Over  Mahim    . .         . .         . .         . .         . .         . .         . .  540 — 549 

The  Case  of  Don  Alvaro  Pirez      . .         . .         . .         . .         . .         . .  549 — 558 

How  IT  Ended             558 — 560 

Parry's  Despatch  FROM  Lisbon      .,          ..         ..         ..         ..         ..  560 — 561 

The  Pamphlet  Literature  on  Bombay.     Its  Importance      . .          . .  562 — 569 

Conclusion                  569 — 57U 

INDEX             571—574 


The     Anglo-Portuguese     Negotiations 
Relating  to  Bombay,  1660—1677. 

By 
DR.    SHAFAAT     AHMAD     KHAN. 

Bombay  possesses  a  singular  power  of  arousing  the  interests 
of  its  citizens  in  its  chequered  annals,  and  a  band  of  dis- 
tinguished historians  has  carried  on  the  pious  task  of  recording 
its  phenomenal  growth  in  a  series  of  luminous  monographs  and 
comprehensive  gazetteers.  Campbell  has  compiled  an  admirable 
collection  of  representative  data  in  the  Bombay  Gazetteer  Mate- 
rials, Vol.  XXVI  ;  Edwardes  has  given  a  masterly  sketch  of  the 
rise  of  Bombay  ;  Douglas  has  traced  its  history  in  his  Bombay 
and  Western  India;  Dr.  Da  Cunha  has  written  a  brilliant  sketch, 
supplying  a  rare  collection  of  transcripts  from  the  Portuguese 
records;  Mainwaring's  Crown  and  Company,  and  Malabari's 
Bombay  in  the  Making,  throw  further  light  on  some' of  the  most 
important  aspects  of  the  history  of  Bombay.  Cobbe's  Bombay 
Church,  1766;  Bruce's  Annals,  1810  ;  Danvers'  Portugese  in  India, 
1894  ;  Forrest's  Selections  from  the  State  Papers,  Home  Series, 
1887  ;  Birdwood's  Report  on  the  Old  Records  of  the  India  Office, 
1890  ;  W.  Foster's  English  Factories  in  India  and  Court  Minutes 
of  the  East  India  Company,  Hedge's  Diary  and  Kaye's  Adminis- 
tration of  the  East  India  Company  contain  very  useful  informa- 
tion on  the  early  settlers.  The  list  of  travellers  who  visited 
Bombay  is  by  no  means  small.  Mannuci,  Fryer,  Ovington,  and 
a  host  of  others,  whose  accounts  are  preserved  in  the  British 
Museum,  furnish  many  a  picturesque  detail,  and  we  still 
derive  invaluable  information  on  some  obscure  points  of  its 
history  from  the  accounts  of  these  pioneers. 

These  are  our  principal  authorities  for  the  study  of  the 
history  of  Bombay;  and  it  would  be  difficult  to  find  a  better 
collection  of  essential  data.  There  is,  however,  one  aspect  of  the 
history  of  Bombay  which  seems  to  me  to  have  been  ignored  by 
its  historians.  They  have  neglected  to  emphasize  the  importance 
of  the  Anglo-Portuguese  negotiations,  and  have  contented  them- 
selves hitherto  with  a  brief  account  of  the  unfortunate  squabbles 
between  the  Portuguese  Viceroy  and  the  English  Commanders.  A 
deeper  study  of  the  data  reveals  the  existence  of  a  continuous 


420  JOURNAL  OP  INDIAN  HISTORY. 

chain  of  negotiations  exhibiting  constant  action  and  reaction,  and 
mirroring  the  leading  stages  in  the  intercourse  of  England  with 
Portugal,  during  the  years  1660-77.  For  Portugal,  it  will  be  remem- 
bered, ceded  Bombay  at  a  time  when  her  political  existence  was  at 
stake,  and  when  the  Peace  of  Pyrenees  had  revived  the  danger  of 
Spanish  invasion.  She  was,  moreover,  at  war  with  the  Dutch, 
and  her  devastating  wars  with  Spain  and  the  United  Netherlands 
had  brought  her  to  the  verge  of  bankruptcy.  It  was  at  this  critical 
moment  of  her  history  that  Charles  came  to  her  rescue,  and 
supplied  her  with  disciplined  troops  that  ultimately  won  her 
independence.  Bombay  and  Tangier  were  a  totally  inadequate 
return  for  these  services,  and  the  documents  reproduced  below 
show  clearly  that  the  Portuguese  were  not  willing  to  part 
even  with  Bombay.  For  only  three  years  after  the  signing  of  the 
Treaty  we  find  the  Portuguese  King  ordering  his  Viceroy  at  Goa 
to  collect  large  sums  for  the  purchase  of  Bombay  from  Charles. 
That  the  purchase  was  not  effected  was  due  solely  to  the 
inability  of  the  latter  to  collect  the  necessary  amount.  Charles, 
at  any  rate,  would  have  been  only  too  glad  to  sell  it,  as  he  was  in 
considerable  financial  difficulties  at  the  time,  and  found  it 
impossible  to  prosecute  the  Dutch  War  with  vigour. 

Another  important  feature  of  these  negotiations  is  their 
wealth  of  information  on  the  commercial  usages  of  the 
period.  For  it  was  not  merely  a  question  of  petty  dues  and 
vexatious  tolls ;  it  was  the  vital  problem  of  the  security  of 
the  Company's  trade,  and  the  safety  of  its  subjects. 

There  was  another  important  aspect  of  this  quarrel.  The 
elaborate  reports  of  the  Council,  the  active  support  of  the  King, 
and  the  numerous  representations  to  the  Portuguese  Government, 
show  the  intimate  connection  between  the  foreign  and  the  econ- 
omic policy  of  England ;  while  the  keen  and  sustained  interest 
manifested  by  Charles  II  in  the  varied  colonial  and  commercial 
activities  of  the  times  vindicate  that  monarch  from  the  reckless 
charges  hurled  by  his  opponents. 

My  attention  was  first  directed  to  the  importance  of  these 
negotiations  in  1917,  when  I  was  engaged  on  researches  into 
the  history  of  the  "  East  India  Trade  inthe  XVIIth  Century."* 
Further  searches  in  the  Public  Record  Office,  the  British 
Museum,  and  the  India  Office,  revealed  the  existence  of  a 
large  amount  of  data.  Very  few  of  the  documents  reproduced 
below  have  been  printed  in  extenso  ;  and  the  lack  of  a  suitable 

•  The  book  is  bring  printed  by  tiie  Clarendon  Press,  Oxford,  who  hope  to 
te  able  to  bring  it  out  in  October,  this  year. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  421 

monograph  on  this  important  subject  has  long  been  felt.  Dr. 
Da  Cunha  and  Sir  George  Forrest  have  published  only  a  few 
important  letters,  and  the  large  collection  in  the  Public 
Record  Office  has  not  been  tapped  at  all.  I  have  already  given 
extracts  from  the  pamphlets  in  the  British  Museum  on  the 
"  Company's  War  with  Aurangzebe  "  in  Number  I, 
Volume  I,  of  the  Journal  of  Indian  History.  All  of  them  deal 
directly  or  indirectly  Math  Bombay.  Alexander  Hamilton's 
pamphlet  has  been  deliberately  left  out,  as  I  think  we  have  placed 
too  much  reliance  on  his  statements.  He  is  obviously  pre- 
judiced, and  I  have  found  it  difficult  to  verify  his  statements. 

The  majority  of  the  documents  reproduced  below  have  been 
transcribed  from  the  C.  O.  77,  in  the  Public  Record  Office, 
Chancery  Lane,  London ;  a  few,  specially  the  Court  Minutes, 
have  been  copied  from  the  magnificent  collection  in  the  India 
Office  Record  Department,  while  the  remainder  were  taken  from 
the  documents  in  the  British  Museum.  The  Department  of  MSS,, 
British  Museum,  contains  a  series  of  records  of  the  highest 
value  to  the  student  of  seventeenth  century  British  India.  A 
short  account  of  these  documents  was  published  in  Number  I, 
Volume  I,  of  the  Journal  of  Indian  History.  It  was  not,  however, 
exhaustive,  and  I  hope  to  be  able  to  give  a  complete  bibliography 
of  MSS.  relating  to  seventeenth  century  British  India  in  the  next 
number  of  the  Journal. 

The  first  English  visit  to  Bombay  was  paid  under  very 
unpropitious  circumstances.  The  Anglo-Dutch  fleet  proposed 
to  attack  Botelho's  squadron,  which  was  supposed  to  have 
returned  to  Bombay,  and  a  strong  fleet,  consisting  of  six  Dutch 
and  six  English  ships,  sailed  on  October  8,  1626.  The  following 
account  of  the  first  English  visit  to  Bombay  will  be  found  of 
interest.* 

"  1626.  October  8.  The  Dutch  and  English  fleets  sailed  from 
Swally."  October  10.  "  Met  two  Dutch  ships,  the  Zierikzee  and 
Wapen  [Van  Zealand  ]iTom  Ba-taLvia."  October  12.  "Anckored 
five  miles  off  Bumbay,  we  thinkinge  our  enimye  the  Portingall 
had  bene  there,  but  he  was  not  there  with  anie  shipps."  October 
13.  "We  and  the  whole  fleet,  both  of  English  and  Dutch,  went  into 
Bumbay  and  came  to  an  anckor  in  9  fatham  ;  one  pointe  beare- 
ing  WNW,  per  compasse,  the  other  SSW  ;  the  one  three  mile  off, 
the  other  3  leagus  off.  This  was  in  the  entringe  of  the  harbor." 
October  14.  "  This  dale  we  went  with  the  whole  fleete  in  farther, 
neare  a  smalle  towne  or  village,  where  there  were  Portingalls.     We 

*  ( CoTipare  Marine  Records,  Volume  43 ;  William  Foster,  English  Factories 
in  India,  pp.  142-3.) 

D 


422  JOURNAL  OF  INDIAN  HISTORY, 

anckored,  and  rode  a  mile  of  in  6  faddam,  one  point  per  compasse 
bearinge  WSW,  5  mile  of,  the  other  S  and  by  W,  some  5  leagus  of. 
We  came  soe  neere  the  towne  with  two  of  our  shipps  that  wee  drove 
them  all  awaye  with  our  great  ordnance,  viz.,  the  Morrice  of  the 
English,  and  the  Mauritius  of  the  Dutch.  In  saftie  we  landed 
our  men  on  shore,  whoe  pillaadged  the  towne  and  set  their  houses 
all  on  fire,  with  their  fort  neer  the  water  side.  Yea,  we  staide 
there  the  15th  daye,  doeing  all  the  spoyle  that  possiblie  we  could  ; 
but  we  got  nothing  to  speak  of  but  vittuU.  Soe  when  wee  had 
done  all  the  harme  we  could,  the  15th  daye  in  the  evening  wee 
got  our  men  aboord,  leaveinge  the  towne  on  fire.  And  the  16 
daye  in  the  morneinge,  when  the  wind  cam  of  shore,  wee  wayed 
anckor  and  went  off    to  sea  againe." 

The  allied  fleet  did  not  apparently  inflict  serious  damage 
on  the  Portuguese  shipping,  for  Bombay  was  only  a  small  village 
at  that  time.  Mr.  Wilham  Foster  has  published  a  most  interesting 
map  of  Bombay  by  David  Davis,  the  master's  mate  on  board 
the  Discovery,  in  the  English  Factories  in  India,  while  Sir  Henry 
Morland  and  Sir  James  Campbell  have  written  an  interesting  note 
on  this  sketch,  in  their  Bombay  and  Western  India,  Vol.  I. 

David  Davis  supplements  the  above  account. 

"  1626.    October    12.     We   waied  and    say  led  in   neere  the 

going  into  the  baye,  to  see  if  the  Portingalls  weare  ther.     And  the 

Commanders  sent  their  shallupps  to  chase  fisher  boats  that  were 

in  the  offing,  whereof  they  took  two,  the   one  loaden  with   salt, 

which  came  out  of  the  baye,  the  other  a  fisher  boate."  October  13. 

"We  went  into  the  baye  and  roade  without  the  stakes."  October  14. 

"The  Moris  and  two  Dutch  shipps  went  in  neere  the  greate  howse 

to  batter  agaynst  it ;  in  which  batterie  two  of  the  Moris  ordnance 

spilt.     The  same  dale  we  landed  300  men,  English  and  Dutch, 

and  burnt  all  their  kitjonns    howses  (houses  thatched  with  the 

leaves  of  the  coco  palm)  and  tooke  the  greate  howse  with  two 

basses  of  brass  and  one  faker  of  iron."  October  15.  "  All  our  men 

embarqued  aboorde  the  shipps,  beinge  Sonday  in  the  evening, 

and  lefte  the  greate  howse,  which  was  both  a  warehouse,  a  frierry, 

and  a  forte,   all   afire   burning   with   many   other  good  howses, 

together  with  two  nywe  frigetts  not  zett  frome  the  stockes  nor 

fully   ended  ;    but   they   had   carried   away  all  their  treasur  and 

all  things  of  any  value,  for  all  were  runde   away  before  our  men 

landed."     October  16.     "  In  the  morning  we  wayed  and  sayled 

out  of  Bumbaye." 

The  last  account  of  this  adventurous  visit  supplies  further 
details.  "  October  12.    Anchored  four  leagues  from  "Bumbaye  "," 


ANGLO-PORTUGUESE  NEGOTIATIONS.  423 

October  15.  "  In  the  morning  strode  in  and  ankered,  and  landed 
of  the  E ingles  and  the  Dttche  sum  400  meane  at  the  leaste, 
and  took  the  forte  and  casell  and  the  towne,  and  sett  fire  of  it 
and  all  the  towne  and  all  the  howses  in  thereaboutes,  the  pepell 
being  all  run  away  that  night  and  ded  carray  away  all  the  best 
cometieies  [commodities]  levein  nothein  but  trashe.  "  October 
16.  "  In  the  morningen  we  sete  sayle  and  came  out  to  seae." 

President  Kerridge's  summary  of  this  exploit  is  interesting 
enough.  The  joint  fleet  entered  "  aU  togeather  into  the  port  of 
Bombaye  ;  where  finding  httle  or  noe  resistance,  they  landed  some 
people  and  sett  fire  on  all  that  could  bee  burned  in  a  small  fort 
and  monastery  adjoyning,  where  was  found  only  two  or  three 
little  peeces  ordinances  of  meane  vallewe,  the  inhabitants  fledd 
with  what  was  portable.  This  exploit  acted,  the  limitted  tyme 
expired,  and  noe  other  shipps  appearing,  they  joynctlie  returned 
towards  Swalley."  (President  Kerridge  and  Messrs.  Wylde, 
Burt  and  Page  at  Surat  to  the  Company,  November  29,  1626.) 

The  Company  at  this  period  was  maturing  its  projects  for 
the  acquisition  of  a  convenient  harbour  on  the  western  coast  of 
India.  This  was  due  partly  to  the  comparative  insecurity  of 
their  position  at  Surat,  and  partly  to  the  extension  of  their  trade 
in  the  East.  As  regards  the  first,  the  Moghul  Emperors  had 
guaranteed  them  a  succession  of  privileges  in  a  series  of  farmans, 
and  a  comparison  of  these  privileges  with  the  narrow  "  mercantil- 
ism" of  Colbert  and  the  narrower  "bulUonism"  of  the  Restoration. 
Parliament  brings  out  clearly  enough  the  immense  superiority 
of  the  Moghul  Government,  so  far,  of  course,  as  freedom  of  com- 
mercial intercourse  is  concerned.  The  amount  of  customs  duties 
levied  by  the  Governors  at  Surat  was  ridiculously  small,  and  Euro- 
pean travellers  were  greatly  struck  by  the  active  encouragement  of 
trade,  the  comparatively  Uberal  policy  of  the  Moghuls,  and  the 
beneficent  religious  freedom  enjoyed  by  their  subjects.  The 
English  Company  in  India  enjoyed  commercial  privileges  at  a  time 
when  trade  monopohes,  tariff  wars,  vexatious  customs  duties, 
and  narrow  bullionism  throttled  European  commerce ;  and 
though  they  were  sometimes  subjected  to  fines  and  even  imprison- 
ment, it  was  due  partly  to  the  piratical  tendencies  and  roving 
propensities  of  their  own  countrymen.  The  Governor  could  hardly 
be  expected  to  note  the  innumerable  shades  of  the  European 
trader,  for  the  licensed  trader  and  the  respectable  interloper 
merged  imperceptibly  into  the  pirate. 

These    advantages  were,  however,  outweighed  by  positive 
disadvantages.     The  Company's    factors    found   it    difi&cult    to 


424  JOURNAL  OF  INDIAN  HISTORY. 

protect  its  commerce  from  the  ravages  of  the  pirates,  the  attacks 
of  tyrannical  or  greedy  Governors,  and  the  undisguised  hostiUty, 
first  of  the  Portuguese,  and  then  of  the  Dutch.  The  combination 
of  Dutch  power,  prestige,  and  ingenuity  with  the  absolute  rule 
and  despotical  ways  of  the  Surat  Governors  was  fraught  with 
serious  evils  ;  and  the  consummation  of  this  alliance  showed  the 
calculating  and  shrewd  servants  of  the  EngUsh  Company  the 
absolute  necessity  of  a  sound,  secure  harbour  for  their  growing 
shipping  and  expanding  commerce.  The  policy  of  fortified 
towns,  which  Sir  Josiah  Child  advocated,  and  which  has  been 
exaggerated  by  Sir  William  Hunter  and  a  host  of  lesser  lumi- 
naries into  a  policy  of  conquest,  took  its  rise  at  this  period.  The 
Enghsh  merchants  had  already  tried  it  at  Lagundy  and  Armagon; 
while  the  disturbances  in  the  Moghul  Empire,  in  1626,  the 
ceaseless  attacks  of  the  Portuguese,  and  the  growing  ill-feeling 
between  the  Dutch  and  the  EngUsh  contributed  to  the  growth 
of  a  consistent  theory,  aiming  at  the  protection  of  commerce 
by  fortified  towns,  convenient  and  commodious  harbours,  and 
discipUned  troops.  The  Dutch  had  carried  it  out  with  conspicu- 
ous success,  and  the  comparative  freedom  of  their  colonies  from 
invasion,  the  unusual  expansion  of  their  commerce,  and  the 
remarkable  successes  they  had  achieved  in  diplomacy  no  less 
than  on  the  battlefield  were  due  partly  to  their  active  support 
and  employment  of  capable  men,  but  mainly  to  their  energetic 
pursuit  of  the  principle  of  fortified  towns.  The  Company  had 
already  embarked  on  this  policy  in  two  notable  cases  ;  its  factors 
now  urged  it  to  carry  it  still  further,  and  to  occupy  Bombay. 
The  English  Company  was  the  first  to  notice  the  importance  of 
that  harbour,  and  as  early  as  1628  proposals  were  formulated 
for  its  occupation. 

The  following  extract  from  a  Despatch  of  James  Slade, 
Master  of  the  Blessing,  at  Swally,  to  the  Company  is  interesting. 
(See  Foster,  op.  cit.,  pp.  216-7.)  Slade  refers  to  the  "  conferrence 
in  consultation  about  a  place  of  fortification,"  and  adds  that  "as 
yett  nothing  (has  been)  don  nor  resolved  on  where  or  when  it 
may  be  don."  "  London's  Hope  ",  or  Khor  Jarama  had  been 
suggested  as  a  suitable  place,  but  its  "barrenness"  deterred 
the  Company,  and  Bombay  seemed  to  have  been  the  next  best 
choice.  Slade's  account  of  the  landing  of  British  soldiery  at 
Bombay  is  interesting.  "  Here,  after  wee  had  bin  before  it  24 
howers,  the  Commanders  being  aboard  of  us  resolved  to  goe 
with  all  our  bardges  and  boats  to  view  the  place,  to  see  if  wee 
might  land  without  danger.  After  there  departure  from  aboard 
of  us,  it  was  Mr.  Wills  his  fortune  and  myne  to  come  after  them 


ANGLO-PORTUGUESE  NEGOTIATIONS.  425 

>jytAm-'Our  shalloop,  and  after  our  departure  from  our  ships  wee 
espied  a  boat  .  .  ,  coming  (near)  the  forte,  it  shott  divers 
times  at  us,  and  som  small  shott  plaied  at  us  out  of  the  corner  of 
the  wood  where  the  boats  lay.  Notwithstanding,  wee  went  aboard 
of  her,  which  wee  found  to  be  one  ground,  and  the  people  fledd  ; 
whereupon  wee  landed  and,  being  seconded  by  two  or  three 
boats  of  men  that  followed  us,  wee  martch  up  to  the  forte,  which 
was  left  voyde  unto  us.  Som  of  our  men  fired  a  house,  by  which 
accident  the  Commanders  perceiving  the  SUCCESSE  cam  ashore 
unto  us  ;  where  wee  continued  till  night  and  till  next  day  in  the 
evening,  at  which  time,  the  whole  towne  and  forte  being  burnt 
to  the  ground  by  the  Dutch  and  us,  wee  departed.  This  towne 
yealded  noe  benefitt  to  us  nor  the  Dutch,  there  being  nothing  left 
in  it  that  was  worth  carradge,  except  it  were  salt  fish  and  rice, 
which  was  consumed  with  fier.  The  rest  of  there  goods,  in  regard 
of  our  long  being  before  wee  had  landed,  they  had  conveyed  away." 
Slade  decided  against  the  occupation  of  Bombay,  it  being  "  no 
good  place  to  winter  in,  it  being  open  to  the  westerly  [wind  ?1  and 
no  sucker  for  them  from  the  winter.  What  other  place  there  is 
in  this  sound,  which  is  deepe  and  undiscovered  by  any  of  us,  to 
winter  in,  is  un (known)  to  us  then  that  were  there  present." 
Other  places  were  suggested  for  the  purpose.  The  Company  had 
already  advised  their  President  at  Surat  to  secure  a  suitable 
harbour,  and  Kerridge  himself  was  in  favour  of  Bombay.  *Kerridge 
assured  them  as  regards  the  climate  of  Bombay.  "Bombay  ",  he 
stated,  "  is  noe  ill  ayre,  but  a  pleasant,  fruitful!  soile  and  excellent 
harbor,  as  experience  of  our  own  people  doth  testifie."  He, 
however,  found  it  difficult  to  secure  it,  "as  the  Portingall,  whose 
country  it  is,  will  with  their  uttmost  force  prevent  its  commerce 
and  bee  pyerpetuall  disturbers  of  the  prosecution."  The  Dutch,  too, 
were  suspicious  of  these  designs  and  refused  to  co-operate  with 
the  English  Company  in  its  attack  on  Bombay.  Kerridge's 
proposals  to  the  Dutch  "  principalis  in  the  behaulfe  of  both 
Companies  unto  a  friendlie  conjunction  in  the  attempt,  and  equall 
division  of  the  successe,  whereby  we  intended  a  double  fortifica- 
tion "  were  viewed  with  suspicion,  and  they  rejected  the  project 
as  "  incommodious  ",  and  absolutely  refused"  conjoying". 

The  next  Despatch  of  Kerridge,  dealing  with  Bombay,  is 
dated  January  4,  1628.  f  The  Company,  it  is  clear,  was  deter 
mined  upon  carrying  out  their  policy  of  fortified  towns,  and 
Bombay  was  too  tempting  a  bait  to  be  ignored  by  the  Directors. 
The  President  was  able  to  satisfy  their  curiosity,  for  "one  Richard 

♦  (Despatch  to  the  Company,  November  29,  1626.) 

t  (O.C.  1264;  compare  PubUc  Record  Office,  East  Indies.  Vol.,  IV.,  No.  7.) 


426  JOURNAL  OF  INDIAN  HISTORY. 

Tuck,  an  English  sayler,"  who  had  long  served  the  Portuguese 
and  frequented  the  place,  supplied  him  with  valuable  information. 
This  is  by  far  the  earliest  account  of  Bombay  by  the  English, 
and  it  deserves  reproduction  here. 

"  The  iland  called  Bumbaiee  in  some  places  thereof  is  within 
muskett  shott  off  the  maine  of  Decan,  divided  by  a  small  creeke 
from  another  iland  called  Salsett ;  both  which  seeme  one  land  and 
make  butt  two  channells  or  entrances,  one  to  the  southwards  of 
the   sayd   ilands  and  thother  to  the  northwards,  which   last  is 
neare  unto  the  iland  of  Bassein,  and  from  the  sea  twixt  itt,  and 
Bassein  maketh  a  navigable  river,  called  the  river  of  Bassein, 
howbeitt  within,  near  unto  Salsett,  the  passage  twixt  the  maine 
and  itt  is   very   shoale   and   narrow;  butt  the  entrance  to   the 
southwards  is  a  large  channell,  where  shipps  of  greatest  burthen 
may  boldly  enter  laden  and  ride    lanlockt   within  a  bay,    free 
from  all    winds  and  weather,  being  the  same  where  your  people 
demolished  a  fort  or  chappell  of  the  Portugalls  last  year,  within 
which  some  3  leagues  they  have  another  village  and  small  fort, 
to  keep  the  Mallabar  frigates  from  rounding  the  iland,  where  is  so 
little  water  that  every  ebbe  the  people  of  the  maine,   being   the 
subjects  of  Nizam  Shaw,  king  of  that   part   Decan,    may    wade 
over.     The  inhabitants  both  of   Bumbaiee  and  Salsett  are  poore 
fishermen  and  other  labourers,  subject  to  the  Portugall ;  whither 
as  well  the  Portugalls  as  the  Moore's  cattle  come  from  the  iland 
of  Bassein  and   from  the  maine  to  feed.     It  is  in  length  twixt  6 
and  7  leagues,  Ijnlng  N  and  S,  but  in  breadth  httle  more  than  an 
English  mile.   It  is  not  unlikely  that  the  Portugalls  have  made 
choice  of  the   fittest    place  to  fortefy,   being  the    same  already 
mencioned." 

Kerridge  concludes  by  pointing  out  the  necessity  of  fortifica- 
tions, and  suggesting  suitable  places  for  that  purpose. 

The  project,  however,  was  laid  aside,  for  the  present,  as  the 
Company  was  in  serious  financial  difficulties,  and  the  institution 
of  Courtens'  Association,  combined  with  the  vacillating  pohcy 
of  Charles  I,  rendered  it  impossible  for  its  factors  to  expand  its 
commerce.  The  Portuguese,  the  Dutch,  and  the  pirates  were  a 
source  of  constant  anxiety,  and  the  Directors  could  not  attract 
sufficiently  large  funds  from  the  public  to  be  able  to  prosecute 
that  lucrative  trade  with  success.  England  enjoyed  an  ominous 
quiet  of  ten  years,  and  the  people  saw  withjgrowing  indignation 
the  gradual  disappearance  of  a  number  of  iB  most  hallowed  insti- 
tutions. The  parhament  had  ceased  ;  the  city  of  London  lay  at  the 
feet  of  the  conqueror,  and  the  thriving  citizen  was  naturally  shy 


ANGLO-PORTUGUESE  NEGOTIATIONS.  427 

of  risking  his  money  in  a  venture  of  whose  utility  he  was  by  no 
means  certain,  and  whose  prospects  could  not  be  compared  with 
those  of  the  rival  Company.  The  ten  years  of  calm  were 
succeeded  by  another  ten  years  of  disorder.  Commerce  declined  ; 
trade  languished ;  commercial  enterprise  was  killed,  and  the 
merchant   watched   and — prayed. 

During  the  interval,  the  Company's  servants  continued  to 
visit  Bombay  and  to  pay  a  fearful  toll  for  their  intemperance. 
President  Methwold  describes  the  results  of  their  sojourn  in 
Bombay  during  the  latter  part  of  1635.  "  Wee  were  not  present  to 
observe  our  people's  misdemeanours  ;  but  wee  have  heard  enough 
to  believe  that  the  Portugalls'  desires  to  gratify  them  with  all 
convenient  freedome,  and  that  Uberty  too  much  abused  in 
excessive  drinking  of  toddy  and  arracke,  shortened  the  lives  of 
many  which  expired  there,  and  so  weakened  the  rest  that  wee 
are  persuaded  a  more  infirme  company  of  men  never  (was) 
brought  unto  this  port."  Toddy  and  arrack  shops  in  Bombay, 
it  must  be  observed,  exacted  a  monstrous  due  throughout  the 
seventeenth  century,  and  not  even  the  stringent  regulations  of 
Aungier  and  Oxinden  could  reduce  its  high  death-rate,  or  reform 
the  morals  of  the  motley  crew  who  resided  in  Bombay. 

It  seems  to  have  produced  a  peculiar  kind  of  terror 
among  the  Company's  servants,  and  there  are  numerous  refer- 
ences to  its  unhealthy  climate  in  the  Company's  early  records. 
The  Rev.  Mr.  Ovington  (Ovington's  Voyage)  declared  "  Bombay 
was  nought  but  a  charnel-house,  in  which  two  monsoons  were 
the  age  of  the  man  "  ;  while  Dr.  Fryer  enumerated  the  diseases 
from  which  people  suffered  with  the  zeal  of  a  physician.  Accord- 
ing to  him,  the  chief  diseases  were  "  fluxes,  dropsy,  scurvy, 
barbiers  or  loss  of  the  use  of  hands  and  feet,  gout,  stone, 
malignant  and  putrid  fevers,"  and  a  disease  named  "  Mordisheen  ", 
or  "  Chinese  death ".  Between  1686  and  1696,  there  was, 
moreover,  a  severe  outbreak  of  plague  in  Western  India, 
which  wrought  havoc  in  Bassein,  Thana,  and  Chaul,  and  nearly 
emptied  Bombay  of  its  inhabitants.  About  the  end  of  1691, 
Bombay  contained  only  about  eighty  Englishmen,  many  of  whom 
were  ill ;  the  five  civil  servants  in  1691  had  dwindled  to  three  in 
the  following  year,  and  by  October,  1696,  only  twenty-seven 
Englishmen  were  alive.  Ten  years  later,  we  find  the  same  tale  of 
depopulation  and  disease.  Poor  Waite  wrote  mournfully  in  1706  : 
"  We  are  only  eight  covenant  servants,  including  the  Council,  and 
but  two  that  write,  besides  two  raw  youths  taken  ashore  out  of 


428  JOURNAL  OF  INDIAN  HISTORY. 

ships,  and  most  of  us  sick  in  this,  unhealthful,  depopulated  and 
ruined  island."  His  next  letter  referred  again  to  the  virulence  of 
disease.  "  We  are  six  including  your  Council,  and  some  of  us 
often  sick.  It  is  morally  impossible  without  an  overruling 
Providence  to  continue  longer  from  going  underground,  if  we 
have  not  a  large  assistance."  His  final  appeal  for  help  in  1707 
showed  the  helplessness  of  the  Company  and  its  factors.  "  My 
continued  indisposition  and  want  of  assistance  in  this  unvery- 
healthful  {sic)  island  has  been  laid  before  the  managers  and  your 
Court.  Yet  I  esteem  myself  bound  in  gratitude,  and  I  will 
briefly  inform  what  material  occurs  till  I  leave  this  place  or  the 
world."  * 

It  was  partly  the  unhealthy  climate  of  Bombay  that  prevented 
the  Company  from  occupying  Bombay,  but  the  main  cause  was 
the  disturbed  state  of  the  country,  and  its  paucity  of  resources. 
The  establishment  of  the  Protectorate,  and  the  vigorous  foreign 
policy  of  Cromwell  restored  confidence  among  the  merchants, 
and  enabled  them  to  prosecute  their  trade  with  vigour.  This 
revival  of  commercial  enterprise  and  colonial  development 
found  a  characteristic  expression  in  the  proposal  of  the  East 
India  Company  to  acquire  a  "  safe  and  commodious  harbour  "  in 
India.  The  original  project  was  again  considered,  and  President 
Blackman  adduced  forcible  arguments  in  favour  of  that  plan. 
"  Wee  were  never  soe  sencible  of  the  want  of  a  port  in  these  parts 
(as  that  wee  might  call  our  owne)  as  wee  are  at  present,  and  are 
like  to  bee  if  these  wars  continue.  Doubtless  a  faire  opportunity 
may  now  present  by  a  treaty  with  Portugal!,  who  hath  enow 
to  spare,  and  wee  believe  willing  to  spare  on  easy  terms.  What  the 
Dutch  hold  in  Zelon  (Ceylon)  wee  believe  the  Portugalls  would 
bee  willing  wee  should  enjoy,  if  by  our  assistance  they  could  bee 
driven  out ;  which  were  noe  hard  matter  to  doe,  if  the  Parliament 
would  please  to  engage  therein.  ...  If  this  could  bee  effected,  the 
honour  of  our  nation  in  these  parts  would  much  bee  advanced, 
our  priviledges  in  all  places  increased  (which  are  now  much 
impaired),  your  customes  of  Gombaroone  not  onely  estabhshed 
but  much  augmented,  and  you  enjoy  as  great  a  royalty  of  the 
seas  in  these  parts  as  formerly  the  Portugalls  did,  and  the  Dutch, 
wee  believe,  will  do,  if  not  prevented." 

A  similar  suggestion  was  made  by  John  Spiller  in  April, 
1654.  He  showed  that  the  acquisition  of  a  convenient  "castle" 
or  towne  "  about  Suratt  or  on  the  coast  of  India,"  would  be  a 

♦  Compare,  Selections  from  State  Papers  :  Home  Service.  Despatch  to  Direc- 
tors, June  1,  1696 ;  do.,  October  27,  1691  ;  do.    October  15,  1696. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  429 

means  of  increasing  "  their  strength,  force,  and  honour  in  the(se) 
Orientall  parts." 

The  proposals  were  viewed  with  favour  by  the  Company, 
and  representations  were  actually  made  to  the  Protector  for  "  the 
settlement  of  a  nationall  interest  in  India."  Oliver  Cromwell's 
attitude  towards  the  East  India  Company  has  been  strangely 
misrepresented  by  Sir  William  Hunter.  There  is  no  evidence 
to  believe  that  he  took  a  keen  interest  in  the  East  India  Company. 
The  data  are  too  scanty  to  enable  us  to  decide  on  this  point  with 
certainty.  He  himself  told  the  Company  that  he  was  too  busy 
with  "  Publiqe  affaires  "  to  be  bothered  by  the  private  bickerings 
of  the  two  Companies  ;  and  the  few  references  to  his  policy  in  the 
Company's  Minutes  are  too  vague  to  be  of  any  help  to  the 
student. 

That  he  was  a  friend  of  Maurice  Thomson  is  clear  from  the 
data  at  our  disposal  *  ;  that  he  sympathised  with  some  princi- 
pal of  the  Thomson  party  is  no  less  clear  from  the  references 
to  the  proposals  of  the  Assada  Adventurers.  The  latter  wanted 
to  "  procure  a  nationall  interest  in  some  towne  in  India  to  make 
the  scale  of  trade  for  those  parts."  They  aimed,  moreover,  at 
establishing  settlements  in  Assada  and  Pulo  Run,  absorbing  the 
Guinea  trade,  and  securing  liberty  for  the  Assada  settlers  to  trade 
freely  in  the  East.  It  is  possible  that  Cromwell  did  not  know  the 
real  position  of  the  Company  in  the  East,  and  probable  that 
he  desired  to  replace  the  Joint-Stock  system  by  a  modified  form 
of  the  Regulated  system.  This  is  borne  out  by  an  interesting 
letter  in  Thurloe's  State  Papers,^  dated  early  in  January  1655, 
stating  that  "the  merchants  of  Amsterdam  were  greatly  disturbed 
by  news  from  London  that  it  was  Cromwell's  intention  to  dis- 
solve the  present  East  India  Company  and  declare  the  trade  free 
and  open. "J 

Cromwell's  perception  of  the  difficulties  involved  in  the 
consistent  application  of  Thomson's  theories  led  to  a  modification 
of  his  original  views.  He  probably  knew  the  dangers  surround- 
ing the  early  traders  to  the  East ;  he  had  possibly  heard  of  the 
early  exploits  of  the  Dutch  and  the  Portuguese  in  the  East  ;  he 
was  certainly  aware  of  the  importance  of  security  to  English 
traders  and  its  necessary  corollary,  the  acquisition  of  a  port  on 
the  western  coast  of  India.  The  formulation  of  various  pro- 
posals for  the  attainment  of  this  salutary  project  is  in  itself   an 

*  Compare,  C.  M.  Andrews,  British  Committees,  etc.,  of  Trade. 

t  Volume  III,  pase  80. 

J  Compare  also.  Firth,  C.  H.  The  Last  Years  of  the  Protectorate. 


430  JOURNAL  OF  INDIAN  HISTORY. 

indication  of  the  greater  security  and  increasing  confidence 
which  the  masterful  rule  of  the  Protector  had  conferred  on  the 
country.  But  their  importance  consists  chiefly  in  their  influence 
on  the  subsequent  history  of  the  Company's  policy  in  the  East. 
As  pointed  out  above,  the  Company  had  considered  favourably 
enough  some  of  the  suggestions  of  their  factors  as  regards  Bombay, 
but  it  could  not  carry  it  out,  owing  to  the  causes  enumerated 
above. 

Under  Cromwell,  the  original  plans  underwent  modification, 
and  the  initiative  in  this  movement  was  taken  by  some  of  the 
most  enterprising  men  of  the  period.  The  following  petition  of 
the  East  India  Company  brings  out  the  effect  of  this  poUcy. 
"  Having  with  all  respect  and  thankfulness  considered  His  High- 
nesses' intention  to  endeavour  the  settlement  of  a  "  nationall 
interest  in  India",  they  propose  as  places  most  convenient,  the 
town  of  Bassein,  with  the  port  "  Bone  Bay  ",  thereto  belonging, 
on  the  coast  of  India,  and  the  town  and  coast  of  Mazambique,  on 
the  coast  of  Melinde,  with  the  several  fortifications,  privileges,  trade 
and  other  benefits  belonging  to  them."* 

Four  years  later  the  Company  reiterated  its  desire  to  secure 
a  stronghold  on  the  western  coast  of  India.  "  Wee  doe  hereby  give 
you  power  to  treate  for  the  obteyning  of  the  said  port  of  Danda 
Rajapore,  Basseene,  Bombay,  or  Carapatam,  or  such  other 
healthfuU  place  upon  the  coast  of  Mallabar  as  you  shall  upon 
certaine  knowledge  or  information  know  to  be  fitt  for  securing 
of  our  shipping,  and  that  hath  a  good  inlett  into  the  countrie  and 
trade,  and  such  other  conveniences  and  accommodations  as  are 
necessary  for  a  settlement. "f  The  following  year  the  request 
was  repeated,  and  a  desire  expressed  to  secure  Danda  Rajapore, 
owing  to  its  central  position.  The  Directors  returned  to  the 
subject  in  1660,  and  informed  their  President  that  they  had  "some 
conference  with  the  ambassadors  of  Portugall  for  the  resigning 
of  one  of  their  holds  in  India  unto  us,  but  have  found  them  very 
high  and  exceeding  unwilling  to  part  with  anythinge  whilst  there 
is  the  least  hope  or  probabilitie  to  keep  it  to  themselves." 

The  Company  was,  however,  aware  of  the  difficulty  of 
fortifying  Bombay,  and  their  repeated  requests  may  have  been 
due  partly  to  the  influence  of  some  of  the  members  of  the  Thomson 
party.  Their  financial  condition  prevented  them  from  embarking 
on  an  enterprise  of  whose  magnitude  they  had  been  frequently 

*  Petition  of  the  East  India  Company  to  the  Lord  Protector,  C.  O.  77,  Vol.  VII, 
No.  92,  1654. 

t  Dated  April  9,  1658. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  431 

informed,  and  this  hypothesis  finds  some  support  in  the  fact 
that  they  refused  to  co-operate  with  Charles  II  in  the  settlement 
of  Bombay.  A  certain  amount  of  help  was  rendered,  but  that 
was  dictated  solely  by  the  fear  that  the  intervention  of  a  third 
party  may  ultimately  lead  to  the  abolition  of  their  privileges, 
and  the  opening  of  the  East  India  Trade  to  outsiders. 

Of  the  various  proposals  submitted  to  the  Protector,  the 
most  original  is  that  of  Richard  Wylde.  His  Remonstrance  to 
Cromwell  contains  many  striking  suggestions  ;  and  his  practical 
experience,  thorough  knowledge  of  India,  and  wide  outlook, 
render  the  pamphlet  exceedingly  useful.  The  Remonstrance  is 
exceedingly  rare,  and  I  have  discovered  only  one  copy  in  the 
British  Museum.  Wylde's  is  the  boldest  of  all  the  proposals  relat- 
ing to  the  East  India  Trade,  and  his  conception  of  that  trade  as 
a  "  national  trade  ",  no  less  than  his  enunciation  of  a  vigorous 
commercial  policy,  are  marked  by  originality  and  insight. 
Numerous  references  to  Wyld  will  be  found  in  Foster's  Court 
Minutes  and  English  Factories  in  India. 

WYLDE,  OF  THE    EAST  INDIA   TRADE    (BRITISH 
MUSEUM,    SLOANE  MSS.,  3271). 

To  his  Highnes  the  Lord  Protector  of  this  Common- 
wealth of  England,  Scottland  and  Irelande,  etc. 
The  humble  remonstrance  of 
Richard  Wylde  Marchant. 

Representing  the  true,  and  reall  state,  as  to  trade 
into  the  East  Indies,  And  Meanes  for  selling  the 
same  in  its  right  Course  ;  And  regaining  the  lost 
honour,  and  repute  of  the  Nation,  in  those  remote 
parts  of  the  worlde  etts. 

Humbly  Sheying 

That,  notwithstanding  those  most  rich  trades  of  India,  Persia, 
etts  have  had  the  unhapines,  to  fall  into  the  hands  of  an  evill  affected 
people,  that  have  manadged  the  same  to  this  day  ;  slighted  and 
neglected,  in  a  time,  when  we  had  both  meanes  of  stocke,  and 
shiping  suffitient  to  have  obteined  the  Soveraigntie  of  those  seas  ; 
As  had  the  Portingall  for  above  200  years  ;  to  whom  they  apeared 
in  their  true  worth,  and  valine  ;  bringing  hoame  every  yeare  (no 
ship  Miscarying)  Rich  goods,  to  the  vallue  of  two  Millions,  and  a  halfe 
upon  Register,  besides  Pearles,  Diamonds,  Rubies,  etts  :  Preatious 
stones,  ambergrirse.  Musk,  and  other  rich  Drugges  unregistred,  of 
very  great  vallue.  And  of  late  years  in  some  Measure,  have  the 
Dutch  partaken  thereof,  as  by  the  yearly  retourns  in  spices,  and 
other  goods,  to  the  vallue  of  11  :  or  12  :  hundred  thousand  pounds, 
besides  their  many  plantations  of  great  Consequence.  By  the 
inconsiderate  weaknes  of  our  State,  that  gave  way  to  some  evill 
affected  members  of  our  Companie,  to  assist  the  Dutch,  in  beating 


432  JOURNAL  OF  INDIAN  HISTORY. 

the  Portingalls  quite  out  of  all  those  Spice  Hands,  and  settling 
themselves  in  other  places  ;  which  don,  in  most  ingratefull  manner, 
Murtherd  our  people  in  Amboyna  ;  and  in  the  ende  thrust  us  also 
out  of  all  ;  Not  soe  much  as  afording  us  any  trade  into  their  spice 
plantations,  to  the  great  shame,  and  dishonor  of  our  nation,  in 
those  remote  parts  of  the  worlde. 

In  soe  much,  as  those  soe  rich  trades  seeme,  at  this  time,  unto 
many  men  to  be  of  little  or  no  valine  ;  and  all  hopes  of  Planting 
ourselves  in  anie  porte  utterlye  lost,  in  the  opinion  of  some  men,  that 
affect  not  plantations,  as  nott  willing  the  state  should  have  any 
interest  therin  ;  or  insight  into  their  willfull  Miscaried  actions,  as 
I  have  enlarged  in  my  Remonstrance  latelye  delivered  unto  your 
Highnes. 

Yett,  are  nott  these  trades  the  worse,  because  neglected,  and 
slighted  (like  Pearles  before  Swine)  by  those  that  were  intrusted 
therwith.  Neither  are  all  hopes  of  gaining  some  safe  harbor, 
altogeather  lost  ;  Though  the  Portingalls  have  long  since  seased  on, 
and  still  hould  most  of  the  best  ports  betweene  Cambaya  ;  and 
Cape  Commorin,  on  the  coast  of  India,  three  onlye  excepted,  to 
say  Danda  Rajapore,  Rajapore,  and  Dabull  ;  all  good  harbors,  but 
in  possession  of  the  Natives,  a  stout,  and  warlike  people,  Nott  to 
be  attempted  without  aparent  danger,  and  lost  laboure.  Experi- 
ment the  Dutch,  who  nottwithstanding  all  their  great  force  by 
sea  ;  by  which  they  have  beaten  the  Portingalls  from  all  trade, 
between  port,  and  port  in  India,  (which  is  the  Cow  that  gives  the 
milke  of  profitt)  by  shiping,  have  not  gotten  any  Considerable  port 
from  them  ;  other  then  Open  Roades,  upon  the  Spice  Hands  ;  (that 
of  Malaca  excepted  :  rather  a  Charge,  then  benifitt  unto  them) 
except  in  hindring  others  from  passage  through  that  streight,  unto 
China,  and  Japon  ;  Nor  is  Jacatra,  on  Java  Major,  their  prime 
Rendevous  for  all  shiping  and  trade,  other  then  an  open  roade,  where 
their  ships  ride  out  of  the  Comand  of  their  owne  Ordnance,  subject 
enough  to  ruine,  by  a  stronger  force,  as  by  your  Highnes'  favor  I  shall 
enlarg  in  itts  proper  place  hereafter. 

Here  I  did  intend  with  your  Highnes  favor  and  patience,  to  have 
gon  on,  in  ralating  the  true,  and  reall  worth,  of  every  particular  trade, 
beyond  the  Cape  of  good  Hope,  As  the  Gould  coast,  Sofala, 
Mosambeeke,  Bombas,  Melinde,  upon  the  coast  of  Africa,  The  Red  Sea 
and  Bussora,  in  Arabia ;  Persia,  India  within  and  without  Ganges  ; 
The  Hands  of  Zeilan,  Sumatra,  Java  Major,  Borneo,  Molluca,  Banda, 
Macassar,  and  Mannillas,  etts  ;  China,  and  Japon  ;  But  finding  my 
worke  to  growe  larger  then  I  intended,  I  have  thought  good  to  leave 
them,  for  an  other  occasion  ;  And  with  your  Highnes  leave,  will  proced 
unto  the  Meanes,  wherby  we  may  best  gaine  some  Convenient  harbor 
for  our  ships  and  people  to  winter  in,  which  I  finde  May  and  wilbe 
don,  better  by  fair  Meant  s  then  by  force,  As  hertofore  in  anno  1628  : 
when  I  was  Presidente  in  Surratt,  and  we  att  Mortall  warre  with  the 
Portingall ;  I  being  in  treaty  with  the  Great  MoguU  ;  Emporer  of  India  ; 
about  aiding  him  by  sea,  in  the  takeing  in  of  the  Hand,  Cittie,  and 
Fort  of  Dili,  and  Daman  ;  within  his  Dominions,  and  neer  unto 
Cambaya,  and  Suratt  ;  which  the  Portingalls  have  held  above  200 


ANGLO-PORTUGUESE  NEGOTIATIONS.  433 

yeares  :    the   Conditions   on   our   part,    were  as    Commodious,    and 
advantagious  as  we  desired. 

Being  thus  engaged,  our  deseigne  became  discovered  to  the 
inhabitants  of  Diu  ;  (the  place  we  Cheiflie  aymed  att,  as  being  a  very 
good  harbor  for  our  retreit)  who  foreseing  that  they  were  not  able  to 
defend  themselves  against  both  our  forces  both  by  land  and  sea  ;  sent 
one  of  their  prime  Men  of  their  Cittie  to  perswade  me  to  desist  from 
the  intended  warre.  Butt  when  he  saw  that  I  was  engaged  soe  farre, 
as  I  could  nott  fall  of [f]  with  honour,  he  then  opened  his  Minde  unto 
me  in  plaine  termes,  shewing  me  his  Commission,  to  treat  with  me 
about  surrender  of  the  said  towne,  and  Castle  of  Diu,  as  Choosing 
rather  to  putt  themselves  into  the  hands  of  Christians,  though 
enimies,  and  of  different  opinion,  then  to  Cast  themselves  on  the 
Mercy  of  Moores,  and   Infidells, 

The  Cheife  Conditions  required  by  them  from  us,  were  enjoy- 
ment of  their  Religion,  and  estates,  freedom  of  trade  on  our  ships  into 
all  ports  of  India,  etts:  and  into  England  also,  if  they  would,  as  free 
denisens,  and  Protection  against  other  Portingalls,  and  their  deadly 
enimies  the  Dutch  ;  unto  all  butt  this  latter  we  had  easily  Condescend- 
ed ;  Butt  they  being  to[o]  strong  for  us  by  sea,  and  noe  Comission  from 
the  King  or  Company,  we  excused  to  treat  any  more  therin  ;  as  we 
had  don  the  like  with  the  Great  MoguU,  untill  we  had  Commission 
from  hence  to  Confirme  and  warrant  our  proceedings.  Herof  I  gave 
the  then  Governour  of  our  Company  notice,  by  a  privat  letter 
perswading  him  therunto,  by  many  sound  reasons  ;  Butt  however, 
relished  by  him  etts.,  here  at  home,  I  never  heard  more  of  itt,  other 
then  that  (by  their  next  letter)  I  was  Called  home,  as  a  privat  trader 
only  ;  and  I  coming  thence  in  1630,  both  that,  and  the  other  with  the 
MoguU  failed,  and  came  to  nothing  ;  To  say  the  truth,  our  Comp». 
never  really  desired  any  plantation  in  India,  for  the  reasons  already 
deliverd. 

This  fair  oportunitie  neglected.  Another  was  ofred,  by  the  said 
Mogull,  for  aiding  him  in  the  gaining  of  Danda  Rajapore,  Rajapore, 
and  Dabull,  all  very  good  harbors,  he  intending  to  Make  a  Conquest 
of  Decam*  and  Vissapore,  in  whose  Dominions,  those  ports  lay,  and  in  •  uic] 
or  about  1640  Moved  the  same  to  Mr.  Fremlen,  then  President  ;  butt 
he  seeing  the  Companie  did  slight  the  first  offer  from  the  Portingalls, 
and  noe  after  Commission  from  them,  he  durst  nott  entertaine  itt  ; 
though  extreamlye  Convenient  for  the  Companie  and  Nation.  Yett 
did  this  produce  good  effects,  for  the  Portingalls  hearinge  herof,  and 
having  fower,  or  five  ports,  between  those  of  Danda  Rajapore  and 
Dabull,  were  fearfull  that  the  Mogull  had  no  good  intention  to  them- 
ward,  did  therefore  the  yeare  following,  send  to  the  English  in  Suratt, 
to  treat  of  a  Cessation  of  Armes,  untill  a  peace  were  Concluded  in 
Europe,  which  they  did  earnestlie  desire  ;  the  Vice  Kinge  of  Goa,  ofring 
to  deliver  up  the  said  towne  of  Diu  into  our  hands,  with  free  accesse, 
and  trade  into  all  their  Portes,  soe  as  we  would  joine  with  them  in  a 
warre  offensive  and  defensive  against  the  Dutch  ;  this  being  refused, 
a  Cessation  of  Armes  onlye  with  free  trade  into  all  parts,  was 
Concluded,  and  hath  Continued  ever  since,  without  any  just  Cause  of 
breach  on  either  side. 


434  JOURNAL  OF  INDIAN  HISTORY. 

All  which  fair  offers,  though  then  unhapilie  lost,  may  yett 
give  hopes  of  gaining  one  or  more  of  those  portes,  by  one  meanes  or 
other  for  itt  may  be  Conceaved  the  King  of  Portingall  will  upon  the 
before  mentioned  Conditions,  deliver  up  the  said  Port  of  Diu,  or  other, 
upon  very  reasonable  termes  ;  or  had  your  Highnes  an  Agent,  or 
Consull  there  with  Comission  to  treat e  with  those  people,  who  are 
now  growen  poore,  and  Necessitated,  as  beaten  from  all  trade  and 
Comerce,  betweene  port  and  port  in  India  by  shipinge,  may  be  more 
willing  to  putt  themselves  under  your  Highnes  Protection,  then 
heretofore,  by  how  much  they  know  you  better  able  to  protect 
them,  then  were  the  Companie,  and  this  without  any  breach,  or 
offence  to  the  Dutch  ;  so  also  May  the  Great  Mogull,  willinglie  em- 
[sic]  brace  an  ofer  of  aiding  him  by  sea,  in  his  warre  against  the  Decamees*; 

which  he  hath  long  desired,  upon  what  termes  soever,  we  shall 
demand,  the  Castles,  and  fortes  of  each  place  excepted.  All  which 
being  left  unto  your  Highnes  better  Judgment  and  Consideration, 
whether  of  those  three  waies  may  be  most  advantagious  to  the 
Commonwealth,  and  most  honorable  to  the  Nation  ;  That  of  the 
voluntary  surrender  of  the  towne  of  Diu,  by  the  inhabitants  therof, 
in  my  Judgment  seemes  to  promise  least  of  Charge  and  expence,  and 
most  of  freedom  and  saftie  ;  and  may  be  expected  upon  more  reason- 
able termes  then  the  other  ;  for  the  greater  part  of  the  inhabitants 
are  Moores,  Banians,  heathen  ;  the  second  greater  part  are  Mestiso 
or  mixt  Portingalls,  naturall  borne  Indians,  of  long  descent  from 
Portingall  men  and  Indian  women  ;  the  third  and  lesser  part,  that  are 
Naturall  born  Portingalls,  are  the  garison  souldiers.  Priests,  and  friers; 
both  th'one  and  th'other  much  necessitated  by  the  decay  of  trade,  and 
wilbe  willing  to  putt  themselves  under  any  goverment  that  will  give 
them  libertie  of  Conscience,  their  estates,  freedom  of  trade,  and  pro- 
tection from  their  enymies  ;  which  as  things  now  stand  in  India,  they 
can  expect  from  no  Prince  butt  from  your  Highnes,  which  may  be  a 
strong  Motive  both  to  them,  and  others  to  a  revolt,  when  they  shall  see 
them  thrive,  by  an  open  and  free  trade,  without  desturbance  from  their 
own  nation,  who  will  nott  dare  to  make  any  breach  for  feare  of  farther 
mischeife  ;  Nor  from  the  Dutch,  that  have  no  Cause  to  be  ofended  ; 
Neither  yett  from  the  Mogull,  who  hath  divers  times  attempted  the 
taking  therof  ;  butt  wanting  forces  by  sea,  hath  bin  forced  to  a 
dishonorable    retreat    with    losse. 

Nor  is  itt  altogeather  unlikelie,  that  some  of  the  Dutch  garison, 
of  the  Moluca,  and  Banda  Islands,  may  take  example  from  the  other, 
their  present  Condition  being  little  better  then  slaves,  out  of  hopes  of 
ever  seeing  their  owne  Country,  except  by  meanes  of  some  spetiall 
friends  ;  Nor  doe  they  enjoy  any  trade,  except  in  triviall  things,  more 
then  for  provision  of  vitualls  and  cloathing  then  for  encrease  of  stocke ; 
these  discontents  may  soe  worke  upon  their  slavish  spiritts  as  to  putt 
them  upon  a  revolte,  upon  assurance  of  freedom,  and  libertie  of  trade, 
and  Protection,  etts. 

But  this,  and  all  the  rest  failing,  (which  I  am  Confident  will  nott) 
or  not  to  be  putt  in  practise  upon  any  sudden  intention  of  gaining 
the  soveraigntie  of  those  seas,  and  with  them  the  whole  trade  of 
India,  etts,  to  this  Comonwealth,  without  which  we  cannott  well  enjoy 
any  without  many  Jarrings  and  diferences  between  us  and  the  Dutch, 


ANGLO-PORTUGUESE  NEGOTIATIONS.  435 

whom  to  out  of  all  those  trades,  wilbe  but  (Lex  tallionis),  what  they 
have  long  laboured,  and  had  even  now  effected  itt,  with  us  ;  had  not 
your  Highnes  beaten  them  into  better  manners  here  att  home ;  to 
effect  which  two  waies  are  ofred  to  your  Highnes  having  first  a  large 
Nationall,  or  state  stocke  wherewith  to  worke,  and  Gary  on  soe 
honorable,  and  profitable  dessigne,  and  v[i]ndicating  the  Many 
Injuries,  and  loste  honnor  and  reputation  of  the  Nation  in  those  parts. 

The  first  is,  that  a  Continued  faire  and  freindly  corespondencie  be 
helde  with  them,  for  some  years,  to  take  of[f]  feares  and  Jealiousie, 
and  secure  them,  yett  for  three  or  fower  yeares  to  send  out  10  or  12 
good  ships  every  yeare  the  greater  part  for  trade  between  port  and 
port  in  India  itt  self,  for  increase  of  stocke,  and  some  of  the  bigger 
ships  to  be  sent  home  with  goods,  in  suply  of  those  trades  in  Europe 
and  elswhere,  yett  soe  as  they  may  be  retourned  thither  in  due  time  ; 
that  having  there  30  or  40  ships,  with  20  of  your  Highnes  frigatts  of 
warre,  to  be  sent  thither  under  pretence  of  some  other  dessigne,  in  the 
West  Indies  or  Brasill  ;  and  all  to  meete  att  a  certaine  Randavous, 
those  ships  in  India  to  be  furnished  with  all  sorts  of  needfuU  provisions, 
of  vittualls  and  cloathing  for  both  fleetes  for  two  years,  if  itt  be 
thought  fitt.  And  from  thence  to  proceed,  soe  as  they  may  arrive  at 
Jacatra  at  the  end  of  May,  or  beginning  of  June,  when  all  their  best 
ships  are  gon  disperst  to  the  Eastward  in  way  of  trade,  some  few  ould 
ships  only  left,  as  serving  more  for  warehouses  then  for  defence,  these 
being  easily  seased  on,  the  town  beseeged  by  sea,  and  by  land  also  by 
the  Matran  or  Emperor  of  Java,  to  whom  they  maybe  threatned  to 
deliver  itt  up  in  case  they  shall  refuse  to  yeald  upon  fair  termes ;  in  the 
Mean  time,  from  their  first  entring  the  road,  there  must  be  spetiall  care 
had  soe  to  blocke  up  the  river,  as  that  noe  boates  may  goe  out  to  cary 
Newes  of  our  ships  being  there,  and  soe  divert  their  Coming  home 
that  yeare,  which  els  they  wiU  come  in  as  Ignorant  of  what  passeth  ; 
and  after  the  blocking  up  of  the  towne,  the  better  part  of  the  fleete, 
to  retourne  to  the  streights  of  Sunda,  to  intercept  the  fleete  from 
Holland,  if  nott  don  in  our  Channell  att  their  going  out,  advise  whereof 
would  be  sent  by  an  expresse  to  our  fleet  ;  That  being  don  heer,  and 
the  Suratt  and  Goe  fleets  beinge  surprised,  they  may  send  several! 
squadrons  to  the  Moluca,  and  Banda  Hands,  and  take  their  ships  in 
the  roads,  about  the  time  of  their  being  laden,  and  ready  to  come 
thence  and  by  the  way  backe,  to  ly  in  waite  for  the  China  and  Japon 
ships,  and  intercept  them  :  all  which  being  surprised  the  towne  wiU 
have  little  stomacke  to  hould  out,  if  nott  releived  by  the  Javaes  by 
land. 

Butt,  in  case  this  shall  not  please  your  Highnes,  a  second  way 
is  to  sende  out  in  one  yeare  (provision  being  made  before  hand  in  India, 
as  is  said  before)  40  frigatts  of  warre  about  the  End  of  December,  that 
May  arrive  there  about  the  beginning  of  June  in  one  full  bodie,  to 
Meete  the  trading  ships  with  provisions,  in  the  Road  of  Bantam,  or 
elswhere  apointed.  Soe  may  the  worke  be  don  in  one  yeare,  for  Jacatra 
being  surrendred,  all  the  rest  must  follow,  as  wanting  provisions  or 
starve.  And  this  don,  there  wilbe  little  to  be  don  with  the  Portingall, 
as  being  inconsiderable  by  sea  ;  whereof  we  must  endeavor  to  Make 
ourselves  Masters  before  we  can  enjoy  all  those  rich  trades  to 
ourselves  alone. 


436  JOURNAL  OF  INDIAN  HISTORY. 

Having  thus  laid  open  the  richnes  of  those  trades  of  India,  etts. 
togeather  with  the  manner  of  gaining  some,  or  all  the  Ports  the 
Portingalls  hould,  and  the  whole  soveraigntie  of  those  seas,  and  ther- 
with  the  whole  trade  therin,  I  shall  now  with  your  Highnes  favor 
and  leave,  propose  a  way  of  raising  a  state  or  Nationall  stocke. 

The  Nationall  stocke  to  be  thus  raised. 

1  :    H.  100  thousand  pounds,  in    Bristol!,  and  all  Wales,  in 

3  yeares. 

2  :    H.  100  thousand   p°.  in    Plimouth,    for  Devonsheir,    and 

Cornwall,  and  Counties  adjacent. 

3 :  H.  100  thousand  p°.  in  Portchmouth  ;  for  the  lie  of 
Wighte,  Hamsheir,  Dorset  and  Counties  about 
itt. 

4  :  H.  100  thousand  p°.  in  Dover  for  Kent,  Sussex,  Suries 
[Surrey],  etts.  Counties. 

5 :  H.  100  thousand  p°.  in  Harwich,  for  Essex,  Suffolke, 
Norfolke,  etts. 

6 :  H.  100  thousand  p°.  in  Newcastle,  for  Yorksheir, 
Lincolnsheir,  etts. 

7:8:9:  H.  300  thousand  p°.  in  the  Cittie  of  London,  and 
Liberties  therof. 

10  :  H.  100  thousand  p°.  in  Westminster,  Innes  of  Court, 
Law[y]ers  and  gentlemen.  Custom  and  Excise 
Men  ;  and  all  other  oficers  of  state,  and  Comon 
wealth  e. 

Or  1000  :  thousand  p°.  thus  raised  upon  landed  men,  and 
such  as  have  1,000/*.  Personal!  estate,  and  upwards,  to  be  paid  in  three 
years,  by  equall  proportions. 

He  that  hath  lOOli.  lands  a  yeare,  to  putt  into  stocke  30li.  in  3 
years,  and  he  that  hath  200li.  to  pay  in  50li.  and  soe  rising  20/t.  upon 
every  100/t.  land  increase  ;  and  he  that  hath  1,000/t.  personall  estate, 
to  putt  in  30/i.  and  he  that  hath  2000/i.  to  putt  in  60li.  and  soe 
rising,  under  which  sommes  noe  man  to  be  prest  to  adventure,  unles 
willinge  therunto,  and  such  to  have  libertie  to  putt  in  what  sommes 
they  please. 

That  every  such  proportion  of  100  thousand  pounds,  pay  25 
thousand  pounds  a  year,  into  stocke  for  3  years,  and  doe  build  every 
yeare  a  ship  of  7  or  800  tons  or  two  ships  of  3  or  400  tons  apeece,  as 
shalbe  allotted  to  their  division  and  these  to  beare  the  names  of  the 
Ports,  and  Counties  laid  to  itt. 

That  every  such  port,  after  the  first  3  years,  have  one  shippes 
lading  of  goods  every  year  out  of  India  Consigned  unto  itt,  to  be  ther 
disposed  of,  either  for  the  Counties  use,  or  transportation,  that  soe 
that  trade  may  be  disperst  into  all  parts  of  the  Land,  as  well  as  in  this 
Cittie. 

The  stocke  for  a  state  action  to  be  thus  raised  oz.  That,  ther  be 
borrowed,  of  the  Cittie  of  London,  and  Westminster  the  somme  of 


ANGLO-PORTUGUESE  NEGOTIATIONS.  437 

ten  hundred  thousand  pounds,  for  7  years,  To  be  paid  into  stocke  in 
3  years,  that  is  333  thousand  333  pounds,  and  a  noble  every  yeare  in 
this  manner  oz. 

H.     600  thousand  p°.  of  the  first  twelve  Companies. 

H.     200  thousand  p°.  of  the  twelve  inferior  Companies. 

H.  100  thousand  p°.  of  Westminster,  Innes  of  Court,  Lawers, 
and  gentlemen,  oficers  of  state.  Custom  house,  and 
excise  men ;  etts. 

H.  100  thousand  p°.  of  gentlemen,  tradesmen,  seamen ;  such  as 
are  no  freemen  butt  live  in  Southwarke  and  subar- 
bes,  within  the  lines  of  Comunication. 

H.  2,000  thousand  p°.  to  be  paid  in  3  years  ;  whereof  270 
thousand  p°.  to  be  sent  out  the  first  yeare,  as  quicke  stocke,  in  goods 
and  Monies  and  stores  upon  16  ships,  and  the  two  last  years,  250 
thousand  p°  a  yeare  in  goods  and  monies,  with  16  ships  a  yeare  for 
trade  in  India,  soe  may  10  of  the  first  ships  be  expected  home,  att  the 
end  of  two  years,  or  27  Months  att  most,  and  soe  every  yeare,  10  ships 
may  goe  out,  and  10  com  hoame;  and  10  remayning  in  the  Cuntry, 
with  5  ships  more  added  to  them  for  trading  ships  of  400  tons  apeece, 
to  be  built  of  the  30  thousand  p°.  remayning :  which  will  encrease  the 
trading  ships  to  15  to  staye there  in  the  Cuntry,  untill  a  greater  nomber 
be  added  to  them  by  increase  of  stocke ;  soe  as,  the  first  10  ships  may 
well  bring  hoame,  9  or  10  hundred  thousand  pounds  in  goods  (God 
sending  all  safe  hoame)  upon  the  first  Adventure.  And  if  itt  shall  please 
your  Highnes,  to  joine  the  trade  of  Guynny  to  this  of  India,  that  will 
suplye  this  with  a  great  parte  of  stocke  in  treasure  and  EUophants 
teeth  ;  soe  May  Many  sorts  of  goods  fitting  Guinny,  be  provided  in 
India ;  and  a  ship  or  two  of  3  or  400  tons  May  be  sent  directly  out  of 
India  with  goods  for  Guinny,  wher  having  landed  such  goods  for 
that  place,  may  proceed  with  others,  and  slaves  for  the  Barbados, 
and  other  plantations  wher  Callicoes,  and  divers  sorts  of  stuffes 
made  in  India,  are  very  proper  for  those  hott  Cuntries,  which  after 
some  experience  and  use,  may  grow  into  request,  and  add  increase 
of  trade,  within  our  selves,  without  need  of  any  of  our  neighbours 
linen  cloath  ;  which  by  heavy  Impositions  laid  thereon,  may  in  time 
beat  out  of  use,  and  being  Callicoes  etts.  Indian  Comodities  in  use, 
as  also  in  Virginia,  and  New  england,  etts. 

All  which  being  humbly  presented  unto  your  Highnes  most 
serious  Consideration,  as  the  richest  Jewell  of  trade,  in  the  whole 
world,  with  the  soveraigntie  of  those  seas,  once  reduced  into  your  sole 
possession  (wherunto  this  discourse  doth  only  ayme)  wiU  render  your 
Highnes  name  most  renowned,  and  famous,  in  the  foremost e  parte 
of  the  world ;  by  vindicating  the  Nations  lost  honnor,  and  reputation, 
and  recovering  those  soe  rich  trades,  to  this  Commonwealth  ;  of  long 
time  obstructed  and  kept  from  us,  by  our  fals  freinds,  wherby  they 
thought  to  make  themselves  absolute  Masters  of  those  seas  ;  which 
they  had  effected,  had  nott  your  Honors  greate  wisdome,  providence 
and  power  overawed  them,  and  beaten  them  into  better  behaviour 
here  at  hoame,  and  Laid  them  under  hattches ;  In  which  Condition 
itt  wilbe  wisdom,  according  to  the  true  interest  of  state,  to  keep  them, 
above  all  the  Nations  in  the  world  (as  most  able  to  doe    mischeife) 

E 


438  JOURNAL  OF  INDIAN  HISTORY. 

all  whom  they  would  have  commanded  by  sea,  had  they  bin  Masters 
of  your  Highnes  forces,  and  Consequentlye  of  our  Narrow  seas  ;  If 
there  be  anything  either  in  the  whole  or  in  part,  or  else,  wherin  your 
Highnes  shall  desire  farther  satisfaction,  I  shall  in  all  humble  manner 
attend  your  Highnes  pleasure,  whensoever  you  shall  please  to  Comand 
me,  and  apointe  a  meanes  wherby  I  may  have  accesse  unto  your 
Highnes  which  I  have  endeavord  for  Many  monthes  togeather  in  all 
which  I  could  obteine  butt  one  admittance  only,  and  that  soe  short, 
as  gave  nott  leave  to  move  these  and  other  matters  of  high  Concerne- 
ment  as  to  those  soe  rich  trades  of  India  etts.  In  which  reguard  I 
have  thought  it  fitt  nott  onlye  to  present  the  same  unto  your  Highnes 
by  this,  and  other  severall  Remonstrances ;  butt  also  most  humbly  to 
offer  my  person,  with  my  best  endeavors,  in  the  reall  effecting  of  what 
I  have  propounded  ;  soe  please  your  Highnes  to  Countenance  my 
proceedings  with  the  Agency,  or  Consullship  of  Surratt  ;  that  I  may 
have  meanes,  wherwith  to  maintaine  your  Highnes  honor,  and  the 
Nations  Esteeme  in  those  parts  :  where  I  dare  assure  your  Highnes 
no  Englishman  wilbe  better  wellcom  ;  nor  was  either  before  or  since 
in  greater  favor  with  the  Great  Mogull,  then  my  self ;  as  all  the  Nation 
that  have  bin  in  those  partes,  both  can  and  will  Justifie,  if  required 
therunto. 

Lastlie,  I  make  bould  to  putt  your  Highnes  in  Minde  of  the  Pearl 
fishing,  which  hath  bin  these  two  Monthes  obstructed,  and  is  like  to 
be  neglected  for  this  year,  by  the  sinister  working  of  some  enimies, 
with  those  that  had  begun  to  subscribe  a  stocke  for  trade,  and  dishart- 
ning  others  from  subscribing,  that  had  promised,  in  soe  much  as  those 
that  had  subscribed  fall  of,  by  which  meanes  all  is  at  a  stand,  and  the 
time  soe  far  spent  as  little  hopes  are  left  for  a  preparation  thereunto  ; 
unlesse  itt  shall  please  your  Highnes  to  grant  me  the  Agencie,  or 
Consulship  of  Surratt,  for  3  years  ;  or  untill  the  trade  be  settled,  by  a 
state,  or  Nationall  stocke,  the  best  way,  for  Honor,  Profitt,  and  safetie, 
in  which  time  I  doe  not  doubt,  butt  soe  to  worke  with  those  people 
of  Diu,  or  some  others,  as  to  gaine  a  safe  and  Commodious  Harbor 
wherin  to  settle,  without  which  itt  wilbe  dificult  to  gaine  the 
soveraigntie  of  those  seas,  and  benifitt  of  those  soe  rich  trades,  which 
neither  the  Company  nor  those  that  presse  for  an  open  trade  desire 
should  fall  into  your  Highnes  and  states  hands  ;  ayming  more  at  their 
owne  privat  interest,  then  the  generall  good  ;  for  which  cause,  and 
for  that  I  have  acquainted  your  Highnes  with  their  miscaried  actions, 
they  are  all  become  my  enimies  ;  seeking  by  all  meanes  to  possesse 
your  Highnes  that  all  my  informations,  as  to  those  trades,  and  their 
Neglects,  are  not  reall  ;  though  nothing  more  of  truth,  which  I  shalbe 
able  to  Maintaine,  at  a  fair  hearing  before  your  Highnes  to  whom  I 
much  desire  to  give  full  satisfaction,  to  every  particular,  which  they 
shall  not,  cannott  disprove.  Lett  not  therefore  (I  humbly  beseech 
you)  my  weake,  though  true  relations  finde  in  your  Highnes  lesse  of 
credit,  then  the  thing  itt  self  meritts  upon  due  examination  ;  because 
I  am  not  in  that  flourishing  Condition,  as  they  are,  that  have  long 
since  sought  my  mine,  for  no  other  cause  then  seeking  the  generall 
good,  in  prevention  of  their  sinister  ends.  My  owne  ayming  at 
nothing  more,  then  a  little  subsistence,  as  encoragment  to  my 
honest  and  faithfuU  endeavors,  if  made  instrumental!  therin. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  439 

Charles  II 's  restoration  solved  many  of  the  most  perplexing 
problems  which  had  taxed  the  resources  and  exhausted  the  patience 
of  the  Directors.  The  position  of  the  Company  had  to  be  defined 
anew,  if  it  was  to  take  its  place  by  the  side  of  the  well-known 
institutions  of  England  ;  while  clear  and  definite  rules  had  to  be 
laid  down  for  the  conduct  of  its  servants  towards  the  Indians  and 
the  Free  Traders.  The  question  of  fortified  places,  the  future 
policy  of  the  Government  as  regards  the  export  of  bullion,  the 
grant  of  a  new  Charter — these  were  some  of  the  problems  that 
awaited  solution,  and  upon  a  patient  and  tactful  handling 
of  these  questions  depended  ultimately  the  safety  of  the 
Company's  servants  in  the  East. 

I  have  already  discussed  the  relation  of  the  Company  to 
Charles  II  in  Chapter  II  of  my  work  on  "  The  East  India  Trade." 
The  Anglo-Portuguese  negotiations  relating  to  Bombay  supply, 
however,  the  best  illustration  of  the  salutary  policy  of  the 
Government  as  they  are  the  clearest  indication  of  the  essentially 
"  commercial "  considerations  that  dictated  the  foreign  policy 
of  Charles. 

The  East  India  Company  had  mooted  the  project  of  the 
acquisition  of  Bombay  in  February,  1660,  to  the  jPortuguese 
Ambassador,  but  had  received  a  discouraging  reply.  {See  supra.) 
The  suggestion  was,  however,  conveyed  to  the  Portuguese  King, 
and  in  the  summer  of  the  same  year  Francisco  de  Mello,  the 
Portuguese  Ambassador,  proposed  a  match  between  Charles  and 
Infanta  Catharine,  daughter  of  John  IV,  and  sister  of  the  reigning 
king,  Alfonso  VI,  He  offered  the  cession  of  Tangier  and  Bombay, 
commercial  privileges  and  complete  liberty  of  conscience  for 
English  merchants,  and  a  dowry  of  two  million  crusados.  Albe- 
marle and  Sandwich  seem  to  have  strongly  favoured  the  match ; 
Ormond  and  Clarendon  approved  of  it ;  Bristol  alone  opposed  the 
project.  The  Treaty  was  signed  on  June  23,  1661,  and  the  mar- 
riage followed  on  May  21,  1662.  Charles  became  pledged  to  assist 
Portugal  with  2,000  foot,  1,000  horse,  and  10  ships  of  war  until 
her  independence  was  attained.  English  help  was  greatly  needed 
at  the  time,  for  the  pacification  of  Catalonia  and  the  Peace  of 
Pyrenees  had  enabled  the  Spanish  King  to  send  a  large  number 
of  troops  to  reconquer  Portugal.  That  there  was  a  possibility  of 
the  Portuguese  being  reconquered  by  their  hereditary  enemies  is 
clear  from  the  events  of  1662-3,  when  Don  Juan  overran  Alam- 
tejo ;  it  is  no  less  clear  that  it  was  the  English  auxiliaries  under 
Schomberg  and,  later,  the  French  contingents,  that  won  Portugal 
her  independence,  on  February  13th,  1668. 


440  JOURNAL  OF  INDIAN  HISTORY. 

Closer    examination  of  the  Treaty    of    1661   shows  clearly 
enough  that  it  was  a  one-sided  bargain,  and  its  execution  revealed 
at  once  the  hollow  foundations  upon  which  that  imposing  fabric 
was    reared.     Tangier    proved    weak,    barren,    and   expensive  ; 
Catharine  was  dull,  plain,  and  sickly  ;  the  payment  of  the  money 
specified   in  the    Treaty   was    irregular,    and   Charles   found  it 
difficult  to   extract   a  satisfactory  sum  from  the   impecunious, 
elderly  hidalgoes,    "sitting  up  in  bed,  like  poor  Tasso's  father, 
at  five  o'clock  in  the  morning,  darning  a  single  pair  of  worsted 
stockings";   while  the  old  Cromwellian   soldiers,  and    the    des- 
perate Irish  Catholics  who  had  been  skilfully  manoeuvred  into 
Portugal,  and  fought  at  Amegial  ( June  8,    1663,)  and  Montes 
Carlos  (June  17,  1665,)  added  another  element  of  anxiety.     It 
was,  however,  the  provision  relating  to  Bombay  that  proved  a 
source  of  constant  trouble  to  Portugal  and  England.     It  involved 
the  Company  in  endless  negotiations,  fruitless  despatches,  cease- 
less complaints,  and  constant   worry.     Many  of  the  difficulties 
from    which    the   Company  suffered   so   severely   would    have 
been  avoided,  if  the  representatives  of  the  East  India  Company 
had  been  requested  to  advise  the  Crown  on  the  drafting  of  the 
Treaty.     Their  practical  experience,  mercantile  shrewdness,  and 
thorough  knowledge  of  the  coast  would  have  been  invaluable  to 
the  Government.     There  is  reason  to  believe  that  they  were  con- 
sulted on  the  subject ;  they  probably  knew  that   the    fortifica- 
tion of  the  place  would  be  attended  by  an  expense  which  their 
depleted  treasury  could  hardly  bear;  and  they  wisely  refused  to 
send  out   men  and  shipping  to  Bombay  at  their  charge.     The 
following  extract  from  their  Minutes*  shows  clearly  enough  the 
trend  of  their  policy:  "The   Lord   Chancellor  having  made   an 
offer  to  the  Company  to  consider  whether  it  would  be  to  their 
advantage  to  despatch  men  and  shipping  at  their  own  charge  'to 
possesse,   maintaine,    and  fortify  Bone  Bay,'   or  to   undertake 
part  of  that  charge  jointly  with  the  King,  or  leave  it  wholly  to 
His  Majesty,  after  serious  consideration  they  came  to  the  conclu- 
sion that  it  would  be  no  advantage  to  them  to  act  in  the  matter, 
and  they  desired  the  Governor  with  some  of  the  Committee  to 
wait  upon  His  Lordship,  thank  him  for  his  offer  and  for  telling 
them  about  it,  and  inform  him  that  the  Company  cannot  see  that 
any  advantage  would  accrue  to  them,  and  therefore  they  humbly 
leave  it  to  the  King's  good-will  and  pleasure."     The  only  help 
afforded  by  them  consisted  in  finding  money  necessary  for  mann- 
ing and  victualling  the  four  ships  sent  out  by  the  King  and  in 
lading  them  back  again. 

•  Court  Book,  Vol.  24,  p.  412. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  441 

The  King's  difficulties  had  thus  begun  at  the  very  outset 
of  this  enterprise,  and  his  troul>les  multiplied  with  the  lapse  of 
time.  The  main  causes  of  this  disastrous  policy  was  the  gross, 
nay,  culpable  ignorance  of  Clarendon.  Article  XI  of  the  Treaty 
declared  that  the  "  King  of  Portugal,  with  the  assent  and  advice 
of  his  Council  gives,  transfers,  and  by  these  presents  grants  and 
confirms  unto  the  King  of  Great  Britain,  his  heirs  and  successors  for 
ever,  the  Port  and  Island  of  Bombay  in  the  East  Indies  with  all 
its  rights,  profits,  territories  and  appurtenances  whatsoever  there- 
unto belonging,  and  together  with  all  income  and  revenue,  as 
also  the  direct  and  absolute  Dominion  and  Sovereignty  of  the 
said  Port  and  Island  of  Bombay,  and  premises,  with  aU  their 
royalties,  freely,  fully,  and  absolutely."  Of  the  geographical 
position  of  Bombay,  Clarendon  wrote:  "  And  for  ever  annex  to  the 
Crown  of  England  the  island  of  Bombay,  with  the  towns  and 
castles  therein,  which  are  within  a  very  little  distance  of  Brazil."* 
Such  a  misty  notion  of  the  elementary  facts  of  geography  seems 
to  imply  crass  stupidity  on  the  part  of  Clarendon,  and  the  British 
Government  had  itself  to  thank  for  the  troubles  in  which  it  was 
subsequently  involved. 

The  Portuguese  were  not  slow  to  take  advantage  of  these 
uncertainties,  and  their  Governor  indulged  in  the  congenial  task 
of  raising  trivial  technical  objections,  and  delaying  the  cession 
of  Bombay  on  various  pretexts.  It  is  amusing  to  read  the 
tedious,  frivolous,  and  wearisome  correspondence  between  the 
Portuguese  Governor  and  the  EngUsh  Resident,  the  EngUsh  King 
and  the  Portuguese  monarch.  The  negotiations  are  of  great  impor- 
tance to  the  student,  for  they  reveal  to  us  in  a  flash  the  essen- 
tiaUy  economic  character  of  the  Governments  of  the  period. 
The  quarrels  over  commerce  and  plantation  in  the  eighteenth 
century  have  diverted  the  mind  of  the  student  from  the  study  of  the 
last  half  of  the  seventeenth  century.  A  deeper  study  of  the  institu- 
tions and  constitutions  of  the  States  of  this  period  reveals  a  mass 
of  tendencies  converging  upon  a  central  point  that  is  remarkable. 
Commercial,  industrial,  and  colonial  considerations  dictate  here, 
as  elsewhere,  the  policy  of  the  State,  and  Charles'  Government 
advocates  the  cause  of  the  Company  with  a  vigour,  energy, 
persistence  and  decision  that  recall  the  direct,  forcible  methods 
of  the  Protectorate.  The  frequent  "gratuities",  "  gratifications  ", 
"loans"  and  "  gifts  "  recorded  in  the  Company's  Minutes  may,  no 
doubt,  have  influenced  the  direction  of  the  King's  policy.  But  the 
principles  underlying  his  colonial  and  commercial  administration 
had  been  enunciated  immediately  on  his  return  in  1660,  and  his 

♦  Clayton's  Personal  Memoirs,  Vol.  II,  p.  189. 


442  JOURNAL  OF  INDIAN  HISTORY. 

attitude  towards  the  Company  was  based  ultimately  on  his 
perception  of  the  absolute  necessity  of  safeguarding  the  East 
India  Trade  by  the  Joint-Stock  system.  The  following  letter  is, 
1  believe,  the  earliest  account  of  the  proceedings  at  Bombay. 
Charles'  instructions  were  the  subject  of  keen  dispute  between 
the  two  kings,  and  "as  they  were  the  subject  of  lengthy  negotia- 
tions and  tedious  correspondence,"  they  are  printed  along  with 
the  minutes  of  the  Council  {see  below). 

Browne  thought  that  "  Bombay  extended  itself  from  the 
south  point  of  the  said  Island  to  the  Northward  as  far  as  the 
Bay  of  Bassein,  and  so  in  towards  the  main  to  meet  again  with  the 
south  point  intirely  one  Island  to  containe  the  wintering  harbour 
of  Trombay."  The  English  commanders  must  have  been  greatly 
perturbed  by  the  appearance  of  the  little  hamlet  without  the 
"  castles  and  towns  "  which  Clarendon's  fertile  imagination  had 
conjured  up. 

Public      Re-  EXTRACTS  FROM  CaPTAIN   ArNOLD    BROWNES   JoURNALL   OF 

cord     Office.  SOME   TRANSACTIONS  IN   InDIA  CONCERNING  THE 

«    i^-^rrll'  Island  of  Bombaim,  &c. 

Vol.    Vlll, 

Upon  the  Earle  of  Marlborough's  arrivall  at  Bombaim,  he  did 
declare  to  the  Vice  Roy  of  Goa  that  his  Commission  led  him  to  receive 
the  Island  for  the  use  of  his  Majesty  of  England  by  his  soldiers,  before 
he  could  proceede  to  go  to  Goa,  and  so  requested  the  Vice  Roy's 
speedy  answer  thereto — the  Vice  Roy  demanded  whether  the  Earle 
had  a  special  power  from  his  Majesty  of  England  to  empower 
CoUonel  Hungerford  to  receive  the  Island,  and  give  a  sufficient  Dis- 
charge to  which  he  answered  that  he  had  no  such  power,  but  that  the 
Collonel  was  Sir  Abraham  Shipman's  successor  and  therefore  thought 
him  a  fit  person  to  receive  the  Island  and  give  a  Discharge  for  it.  So 
in  3  or  4  dayes  the  Vice  Roy  answered  positively  that  he  would  not 
deliver  the  Island  to  any  man  whatever  that  had  not  his  Majesty  of 
England's  speciall  procuration  to  that  purpose.    Which  we  had  not. 

In  this  Juncture  of  affaires  arrives  Sir  Abraham  Shipman,  who 
we  expected  to  have  gott  an  effectuall  Procuration  from  his  Majesty. 
But  when  Sir  Abraham  came  ashoare  and  delivered  the  Kings 
Majesties  Letter  to  the  Vice  Roy,  and  though  he  received  it  with 
reverence,  yet  was  not  satisfied  therewith,  but  demanded  if  he  had 
nothing  els  to  which  Sir  Abraham  answered  Nothing  but  his  Patent. 
Then  the  Vice  Roy  made  an  objection  that  the  Kings  Majesties  Letter 
had  not  the  Kings  hand  to  it,  and  that  it  was  not  a  Procuration,  but 
a  private  Letter  from  his  Majesty  to  him  and  then  shewed  Sir 
Abraham  the  King  of  Portugal's  instructions  to  him  Not  to  deliver  the 
said  Island  to  any,  except  they  brought  the  King  of  England's  special 
Procuration. 

And  to  the  same  purpose  the  Vice  Roy  wrot  a  Letter  to  his 
Majesty  of  England. 


No.  141. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  443 

After  this  denyall  Sir  Abraham  proceeded  to  Goa,   and    there  Public    ^^• 
it  was  the  sence  of  the  Governor  and  most  of  the  Gentry  that  the  ^^''^o      77' 
Island  of  Bombay  Should  be  delivered  to   Sir  Abraham  and  wrot  vol.  V  1 1  li 
to  the  Vice  Roy  but  upon  Sir  Abraham's  delivery  thereof  to  the   Vice  No.  141. 
Roy,  he  received  answer  from  his  Excellency  that  he  would  not  deliver 
it,   the    word    Procuration    being  nominated  in  his  Orders  from  his 
Majesty  of  Portugall. 

And  whereas  we  supposed,  by  the  Piatt  the  Pylott  gave  in, 
and  the  opinions  of  the  antientest  Commanders,  that  Bombay  extended 
itself  from  the  South  point  of  the  said  Island  to  the  Northward  as  farr 
as  the  Bay  of  Basseen,  and  so  in  towards  the  Main  to  meet  again  with 
the  South  point  intirely  one  Island  to  conteine  the  Wintering  harbour 
of  Trombay,  We  find  the  sayd  Compass  to  conteine  three  intire 
Islands,  two  of  them  to  say  Tanna  which  is  the  Northermost,  and  butts 
to  the  barr  of  Basseene  and  Salsett  which  is  Southward  of  Tanna 
(on  which  is  the  Wintring  harbour  of  Trombay)  are  places  of  good 
Consideration  much  better  then  the  Island  of  Bombay  which  is  next 
Southerly  to  Salsett  and  divided  from  it  by  a  Navigable  Channell. 
December  10th  1662. 
SwALLY  Hole. 

[Endorsed.] 

lOth  December  1662. 
Extract  out  of  Capt.  Brownes  Journall  when  he  Re- 
turned from  Bombaim  with  the  Earl  of  Marlbrough. 
Received    from   the    East    India  Company   at   the 
Comittee  11th  January  1676/7  from  Mr.  Hublon-. 
Entred  B.  156. 

The  following  letters  from  the  Portuguese  Governor  throw 
further  light  on  the  proceedings  of  the  two  parties.  Castro,  it 
must  be  noted,  deliberately  omits  a  reference  to  the  terrible  hard- 
ships which  Marlborough  and  his  men  suffered.  These  were  due 
mainly  to  his  dilatory  policy  and  disingenuous  devices.  It  is 
not  surprising  that  enforced  inactivity,  and  fearful  ravages  of 
disease  should  have  made  some  of  the  men  desperate  ;  but  we  have 
no  reason  to  believe  that  the  Portuguese  Governor  was  subjected 
to  personal  abuse.  His  statement  that  they  used  him  "  worse  then 
if  they  were  Hollanders,  and  with  less  sivilitye  then  if  I  were  a 
blackey  Moore,"   must  be  accepted  cum  grano  salo. 

The  Governor  of  Bombay's  Letter  to  the  Queen.  Public     R«- 

ICo-bve  1  ^'^^    Ofkcti. 

yi^opye.)  ^     Q      77 

SeNORA  Vol.       VIII. 

Because  its  certaine  that  Generall  Malbrugh  and  the  English  folio  2  7  1, 
of  his  Company  (to  excuse  themselves  in  the  ill  usage  they  did  mee  in  No.  138. 
this  voyage)  will  tell  in  Englande  more  then  they  ought,  or  what  hath 
happen'd,  I  am  necessitated  to  give  your  Majestic  an  account  of  thier 
excesses,  and  my  owne  suffrings,  (for  they  could  not  use  myselfe  and 
the  rest  of  the  Portugueses  worst)  which  they  did  with  such  scorne 
to  our  nation,  that  your  Majestie  is  obliged  to  Causethatthe  publikenese 
of  thier  punishment  may  serve  for  an  example  hereafter,  and  since 
your  Majestie  knows  mee  you  may  beleeve  that  I  shall  say  nothing 


444  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-  in  this  paper,  but  what  I  will  bee  able  to  shew  Authentiquely,  and  of 
C°"^  O^^T?'  '^^^^^  y^^""  Majestic  may  bee  informed  by  the  persons  of  the  Shipp 
V  o  1.     VIIl'  wherein  I  came,  for  though  they  bee  of  another  beleefe  than  ours  yett 
folio    271,' they  will  speake  truth,  if  they  are    not    hinder'd  by    thier    feare    of 
No.  138.         Malbrugh,  who  did  not  onely  aprove  of  the  robberys,  and  affronts  of 
Captain    Richard    Meynars,    but    alsoe    increased    the    cause  of  my 
Complajmt,  useing  mee  worst  then  if  they  were  Hollanders  and  with 
lesse  sivilitye  then  if  I  were  a  blackey  Moore  like  those  they  tye  by 
the  leggs  in  the  Indies,  I  boare  my  life  with  feares  not  being  onely 
treaten'd  by  the  Common  insolencye  but  alsoe  by  the  power  of  Generall 
Malbrugh ;  Captain  Richard  Meynors  assureing  mee  that  they  would 
Cutt  of  my  head  for  having  made  the  protests,  and  requests,  which 
was  convenient  to  the  service  of  the  king  my  Master,  and  they  denyed 
mee  the    Succour  that  the  most    Serene  King  of  Englande  obliged 
himselfe  by  the  Capitulations  of  Peace  to  give  us,  which  I  have  along 
with  mee,  for  in  the  Islande   of  St.  Laurence,   the   Blackeymoores, 
in  that  of  Anjuame  the  Moores,  and  in  Cochim,  the  Hollanders,  were 
more  friendely  with  Generall  Malbrugh  and  the  English  Captains  then 
*  [sic]       the  Portugueses  of  said  Islands  ;  I  being  sutt*  in  the  Indie,  and  suround- 
ed,  the  saide  Generall  would  give  me  no  favour,  or  helpe  at  all  ;  This 
his  unreasonablenese,  and  the  not  bringing  with  him,  a  procuration 
from  the  King  of  Englande,  (like  one  that  Came  upon  the  buisnese 
of  Persia,  and  not  upon  the  Ingagements  of  Portugall,)  was  the  reason 
wherefore  the  Islande  of  Bombaim  had  not  been  ddliver'd  him ;  I  hope 
that  your  Majestie  (as  so  good  a  Catholique  and  a  Portuguesa)    will 
bee  pleased  to   see   my    protests    and  letters,    which    side    Generall 
Malbrugh  caryes  with  him,  and  I  assure  myself e  that  your  Majestie 
will  Judge  I  have  Complyed  with  my  obligation,  and  alsoe  because 
I  am  now  ready  to  delliver  up  sayd  Islande  (as  the  King  my  master 
Comands  me)  unto  what  person  soever  shews  mee  the  most  Serene 
King  of  England's  Comission  to  recieve  the  same,  and  satisfye  the 
Conditions  of  the  agreement. 

The  master  of  the  Shipp  Leopard  who  cary'd  mee  from  Portugall 
to  the  Indie,  is  the  onely  man  amongst  all,  that  helped  us,  wherefore 
I  ought  to  desire  your  Majestie  in  the  name  of  the  king  my  Master  to 
honnor  and  favour  him,  and  I  shall  receeve  it,  as  a  greate  one,  if  in  the 
first  navy  that  setts  out,  your  Majestie  would  make  him  a  Captain 
of  a  Shipp,  and  that  your  Majestie  would  bee  pleased  to  Comand 
ree  (in  these  parts)  in  your  Royal  service,  which  I  shall  observe  with 
that  love,  respect,  and  zeale,  whereunto  I  am  obliged,  our  Lord 
preserve  your  Majestie  &c. 

Atto.  de  Mello  de  Castro. 
Bag  AIM  Decembre  3rd  1662. 
[  Endorsed.] 
Bacaim. 

The  Governor  of  Bumbaim 
Antto.  de  Mello  de  Castro's 
letter    to    the    Queene. 

Decembre  3rd,  62. 
Complayneing  of  the  Earl  of 
Marlburgh's    hard    usage  of 
him,  and  of  Capt.    Mynor's 
for  robbing  him. 


ANGLO-PORTUGUESE  NEGOTIATIONS,  445 

The  Late  Governor  of  Bombaim's  Letter  to  the  King.        Sid^^^o^T 

c.     o.   77', 
(  Copye  translated  out  of  Portugues.)  Vol.    VIII, 

275,    folio 
SeNOR  No.  140. 

I  am  necessitat'd  to  make  my  Complainte  unto  your  Majestie 
upon  the  late  proceedings  of  Captain  Richard  Meynor,  and  afterwards 
of  Generall  Malbrough's  towards  mee,  which  rays'd  to  soe  greate  an 
Excesse,  that  all  respect  was  lost,  and  our  lives  indanger'd  ;  By  two 
papers  that  both  Carrye  Signed  by  mee,  your  Majestie  will  see  my 
Sufferings,  and  true  meaneing,  they  (I  trust)  will  tell  your  Majestie 
yett  more  then  I  say,  and  seeing  I  came  imbarqu'd  under  your 
Majesties  protection,  and  Royal  worde,  the  wronge  that  was  done 
mee  runns  upon  your  account,  wherefore  it  is  but  Justice  I  should 
expect  of  Royal  Greatnesse  the  Satisfaction  thereof  ;  and  seeing  I 
did  not  delliver  up  the  Islande  of  Bombain,  for  want  of  a  procura- 
tion from  your  Majestie,  and  Likewayse  because  they  would  never 
succour  mee  (it  beeing  an  obligation  by  the  agreement)  and  the 
necessitye  being  soe  great,  I  beleeved  that  your  Majestie  (as  soe  Just 
a  Prince)  would  have  layed  the  punishment  upon  the  offender,  and 
have  thought  I  had  done  my  obligation  (beeing  pleased  to  consider) 
how  much  a  subject  of  honnor  ought  to  Contribute  to  his  Kings 
Service. 

The  Master  of  the  Shippe  Leopard,  who  Came  in  my  Company, 
hath  been  the  onely  person  that  used  us  well,  for  which  reason  I  finde 
myself e  obliged  to  give  your  Majestie  this  account,  as  I  will,  to  the  king 
my  Master  desireing  his  Majestie  to  doe  the  said  Captain  honnor 
and  favour,  and  I  should  recieve  a  greate  one,  if  in  the  Fleetethat  your 
Majestie  sends  next  towards  Bombaim,  I  might  see  him  a  Captain 
of  a  shippe.  And  though  not  concearning  myself e  for  all  the  subjects 
your  Majestie  hath,  yett  it  shall  appeare  how  much  Inclined  I  am 
unto  your  Majesties  Service,  having  been  one  of  your  Majesties  soldiers 
(when  even  your  owne  Subjects  were  in  Rebbellion  against  you)  in 
Company  of  Prince  Robert,  of  whome  your  Majestie  may  Informe 
your  selfe  with  how  much  love  (at  that  time)  I  served  your  Majestie, 
which  this  day  is  much  increas'd,  with  what  I  owe  unto  the  most 
Serene  Queene,  our  Infanta,  in  whose  Companye  our  Lorde  preserve 
your  Majestie  Many  happye  yeares. 

Anto.  de  Mello  de  Castro. 
From  Bacaim  the  3rd  of 

Decembre  1662. 

[Endorsed.] 

Bacaim. 

A     Copye    of     Ant°.    de     Mello     de 

Castro  late   Governor   of    Bombaim's 

letter  to  the  King.   December  3rd  1662. 

Read  Novembre  25,  1663. 

Co[m]plaineing     of     Capt.     Maynors. 


446  JOURNAL  OF  INDIAN  HISTORY. 

The  following  letter  from  Charles  II  traces  the  progress  of 
the  King's  disillusionment  regarding  Bombay.  His  castles,  gold 
mines,  and  Golconda  diamonds  disappeared,  and  in  their  place 
remained  only  a  poor,  little  hamlet,  bleak,  barren  and  unhealthy, 
adding  not  a  little  to  the  financial  difficulties  of  the  period.  The 
difficulties,  it  must  be  noted,  were  confined  hitherto  to  the 
possession  of  the  island.  The  greater  difficulty  of  deciding  the 
geographical  position  of  Bombay  had  not  arisen  yet. 

Public      Re-  LETTER  TO   SiR  ABRAHAM   ShiPMAN  WITH  ORDERS  TO  THE 

cord    Office, 

c.     o.    77,  Vice  Roy  of  Goa,  to  Surrender  Bombaim. 

Vol.      IX. 

!«  li  °    26.  Whitehall  October  31st  1663. 


No.    17. 


Sr, 

Att  My  Lord  Marleborough's  returne  his  Majesty  heard  from 
his  Lordshipp  how  unworthily  the  Vice  king  of  Bombaim  Dom  Antonio 
de  Mello  de  Castro  had  proceeded,  denying  the  surrender  of  that  Place 
and  Island  to  his  Majesty,  according  to  the  Article  inserted  in  the 
Treaty  with  the  King  of  Portugal!,  and  his  supposed  Instructions  to 
that  effect.  And  besides  the  affront  done  to  himselfe  therein,  his 
Majesty  did  with  much  trouble  of  mind,  reflect  upon  the  sufferings 
you  and  the  Troops  under  your  command,  would  undergoe  by  this 
disappointment  ;  of  which  he  hath  caused  those  Complaints  to  be 
made  in  the  Court  of  Portugall,  which  such  a  proceeding  deserves.  In 
which  he  is  promised  all  due  satisfaction,  the  first  earnest  of  which 
is  the  sending  New  Letters  to  the  Vice  king,  commanding  him 
immediately  to  surrender  the  Place  into  the  hands  of  those  the  ICing 
Our  Master  shall  appoint  to  receive  it.  Which  Letters  together  with 
a  Copy  of  them,  goe  here  inclosed,  in  Portugais  and  English  if  you 
should  chance  not  to  understand  that  language.  WTiich  said  Originall 
Letters,  it  is  his  Majestys  Pleasure,  that  you  cause  to  be  delivered  to 
the  said  Vice  king,  demanding  the  execution  of  the  Contents  of  it, 
according  to  which  you  are  to  take  possession  of  what  they  will  deliver 
into  your  hands,  directing  yourselfe  therein  by  those  Instructions  My 
Lord  of  Marleborough  hath  already,  or  may  with  this  send  to  you,  in 
case  his  Indisposition  in  the  Country  will  permitt  him  to  write  by 
this  occasion.  And  if  in  the  Surrender  any  thing  be  deteyned  from 
you  that  you  thinke  the  Article  in  the  Treaty  (of  which  you  will  also 
herewith  receive  an  Authenticke  Copy)  entitles  his  Majesty  to,  you 
are  to  take  what  is  given,  and  protest  against  the  detention  of  the 
rest. 

This  is  sent  to  you  by  the  way  of  Aleppo  at  randome,  suspecting 
much  the  certainty  of  its  arrivall  ;  the  other  (for  there  are  two 
Letters  of  the  same  kind  sent  from  the  Court  of  Portugall)  shall  be  sent 
you  by  Sea,  with  more  particular  directions  and  succours  for  your- 
selfe and  your  men,  as  soone  as  his  Majesty  can  dispatch  a  Shipp  into 
those  parts.  In  the  meane  time.  Sir  George  Oxenden  hath  it  very 
particularly  recommended  to  him  by  the  East  Indy  Company  to 
supply  you  to  the  utmost  of  their  power,  with  all  things  you  or  your 


ANGLO-PORTUGUESE  NEGOTIATIONS.  447 

men  shall  stand  in  need  of ;  which  is  promised  with  the  conveyance  of  Public     Re- 

these  letters  to  you.  cofd    Office, 

•^  C,      O.     77, 

[Endorsed.]  Vol.     IX. 

Whitehall,    31s/  October   1663.  No.  17. 

To  Sir  Abraham  Shipman,  by  the 
way  of  Aleppo  with  Order  to  the 
Vice  Roy  of  Goa  to  surrender 
Bombair  [sic] 

The  Duplicat  with  succours, 
to  be  sent  by  sea. 

The  following  letter  from  Sir  Abraham  Shipman  shows  the 
fearful  havoc  wrought  by  disease,  disappointment  and  delay,  and 
Shipman  informs  Marlborough  that,  "  of  the  400  and  odd  men 
that  were  brought  out  of  the  Downes  of  officers  and  soldiers,  we 
have  not  left  above  140  ";  at  times,  indeed,  "they  had  not  twenty 
men  to  stand  to  their  armes  to  doe  their  dewtie."  The  condition 
of  the  miserable  expedition  was  pitiable  in  the  extreme,  and 
Shipman  himself  fell  a  victim  to  disease. 

♦Angediva.  Letter  from  Sir  Abraham  Shipman  to  Marlborough,  Public     Re- 

GIVING    AN  ACCOUNT   TO   THE   EarL  OF  THE  MeN   WITH   HIM.*  co"i     Office, 

C.      O.      77, 

My  Very  Good  Lorde  Vol.     ix, 

Folio  33, 
I  understand  by  Captain  Nicholas  Millett  that  your  Lordship  no.  21. 
gott  salfe  to  the  Island  of  Santa  Ellena  which  I  was  extreame  Glad 
of  soe  that  I  hope  his  Majestic  is  thoroughly  Informed  of  our  Conditiones 
here*  yet  my  lord  sence  your  departuere  wee  have  binn  in  much  worse 
Condition  then  you  lefte  Us,  haveing  had  a  Verry  Create  Mortalety 
Amoungeste  Us,  for  of  400  and  ode  men  that  wee  brought  out  of  the 
Downes  of  officers  and  souldiers  wee  have  not  left  Above  140  besides 
at  one  time  wee  had  not  twenty  sound  men  to  stand  to  their  armes 
to  doe  there  dewtie  and  daiely  being  threatned  by  theKinge  of  Decann 
that  hee  would  expell  Us  hence,  if  it  bee  our  Elle  fourtunes  to  stay 
Another  Winter  I  doe  not  know  what  will  beecome  of  Us  Unless  it 
please  God  to  Give  helth  to  our  peopell  for  if  any  more  dies  wee  shall 
be  in  a  Verry  sad  Condition.  I  doubt  not  but  your  Lordship  hath 
donn  your  utmoste  to  pres  them  to  it. 

My  Lord  this  is  the  seconde  sicknes  I  have  had  sence  I  came 
uppon  this  Island  and  am  now  soe  fainte  that  am  not  Abell  to  Right 
more  God  sendinge  me  helth  I  shall  more  in  large  by  the  shipes  and 
there  fore  Crave  your  Lordeshipes  pardon  who  is  my  Lorde  your  most 
humble  sarvant  at  Command 

Abraham  Shipman, 
Angediva  the  I8th  November  1663. 

[  Endorsed.  ] 

♦Angediva  November  ]Sth  1663.  [sic]* 

Sir  Abraham  Shipman  to  My  Lord  of  Marleborough 
Giving  Account  of  the  Men  with  him. 


448  JOURNAL  OF  INDIAN  HISTORY. 

The  following  letters  from  Henry  Gary  will  be  found 
interesting.  They  are  written  in  the  peculiar  nonsensical  vein 
characteristic  of  that  eccentric  individual,  and  supply  a  vivid 
account  of  Shivaji's  raid.  Gary  asserts  that  "  he  made  a  greate 
destruction  of  Houses  by  fir  uppwards  of  3,000,  and  carryed  a  vast 
treasure  away  with  him,  it  is  credibly  reported  neere  unto  tenn 
millions  of  rupees."  Dr.  Fryer  describes  Gary  as  a  "  Person 
of  a  Mercurial  Brain,  a  better  merchant  than  a  soldier."* 
He  seems  to  have  been  proficient  in  the  principal  Euro- 
pean languages,  and  is  said  to  have  "  written  a  Piece  in 
Arabick,  which  he  dedicates  to  the  Viceroy  of  Goa."  After  many 
vicissitudes,  he  fell  into  the  responsible  position  of  Governor  of 
Bombay,  but  his  "  unadvised  vaine  glorious  boastings ",  as 
Sir  George  Oxenden  put  it,  disgusted  every  one  and  he  handed 
over  his  charge  to  a  more  capable  man.  Yule,  Strachey,  Foster 
and  others  have  thrown  further  light  on  the  mysterious  activi- 
ties of  this  inexplicable  phenomenon.  These  letters  are  his 
couched  in  the  familiar  style  and  reveal  several  lineaments  in 
the  character  of  this  condottien  which  created  more  friends  than 
enemies. 

^^^^,  ^^  Right  Honoble 

cord     C>fl5ce, 

C.     O.    77,         The  preceding  is  transcript  of  my  last  furdered  to  your   Lord- 
V  o  1.     I  X,  shipps   reception  by  way   of  Persia   and   Aleppo ;  recommended  to 
No  24  ^^  ConsuU  Lanog  for  its  mission  thince  for  Christendom,  which  I  hope 
letter. '         l^ee  will  doe  carefully,  as  I  understand  hee  did  my  formers,   which 
came  safe  to  his  hands    though  many  letters    and     pacquets    that 
accompanyed  them  from  Bussora  miscaried,  by  the  messengers  being 
robbed  by  the  wild  Arabs  in  the  desarts.     My  Lord,  I  send  not  now 
the  Co  pie  of  Sir  Abrahams  letter  mentioned  in  my   said  transcript, 
because  I  am  confident  hee  himself e  hath    advized  his  Majesty   to 
what  a  small    number   his  soldiers   are  reduced;  a  mortality    (as  I 
was  lately  emformed )  continuing  styll  among  them.     God  deliver  them 
from  that  insalubrious  clime,  or  rather  make  them  more  temperat,  for 
I  am  perswaided  that  the  major  part  dyes  of  surfeits  (were  due   to 
their   intemperance  ?)      every   one   heere    longingly     expects    your 
Lordshipps  retourne  and  the  Brahmens  are  so  comfident  of  it,  that 
many  Banians  have  laid  wagers,    that    your  arrivall    heere  will  bee 
before    this    month    bee     quite     out  ;    lett     me   bee   bloted    quite 
^  out  of  your   Lordshipps    remembrance    if    I    should   not  heartyly 

^^*'^^  rejoyce  to  see  that  happy  howre,  and  much  much*  more,  to 
see  Ant°.  de  Mello  de  Castro  sent  home  laden  with  machos  though 
they  should  be  of  prata ;  his  guiltie  contience  makes  him  tremble  at 
every  Englishman  that  arrives  at  Goa.  I  shall  not  ommit  to  acquaint 
your  Lordshipp  what  lately  happened  to  this  place  ;  Savagee  the  grand 
rebell  to  the  King  of  Decan  came  heere  the  6th  of  this  instant  with  a 
considerable  Army  Horse  and  foote  entring  the  Towne  before  the 
Governor  scarce  had  any  notice  of  his  aproache,  hee  made  a  greate 

•  Travels,  II.  p.  30. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  449 

destruction  of  Houses  by  fire  uppwards  of   3000,  and    caryed  a  vast  Public     Re- 
treasure  away  with  him.    It  is  credibly    reported  neere  unto    tenn*^"^    Office, 
millions  of  rupees.     Hee  sumoned  us  to  compound  with  him  for  our  y    i  ^*  t  5c' 
lives  (as  hee  did  the  Dutch)  but  Sir  George  retourned  the  messenger,  fo°iio    38a 
with  an  answere  that,  hee  scorned  him  and  that  if  hee  sent  him  any  No.  24. 
more   messengers,  they  should  never  retourne    againe  ;   Boath  the 
Companys  house  and  my  owne  (which  adjoynes  unto  it)   were   well 
furnished  with   mariners,  well  armed,  who   divers   times  salied    out 
uppon  his  people  that  came  to  sett  fire  to  our  neighbours  houses  and 
killed  divers  of  them,  by  which  meanes,  our  owne  houses  were  not 
only  preserved  from  the  fiends  furie,  butt  likewise  all  the  part  of  the 
Towne  round  about  us  ;  which  hath  gott  us  much  Honour  divers  of 
the  greate  ones  having  advized  the  King    Oranzeeb    thereof,   as  on 
the  contrary  they  have  complained  of  the  Governor,  who  so  soone 
as  hee  had  brought  him  the  news  of  this  rebells  aproach,  shamfully 
runn  and  hyd  himselfe  in   the  Castle  ;   the   Dutch    never  salied  out 
though  kept  theyr  house  stoutly  ;   This  villaine  had  the  plundoring  of 
this  place  for  fower   whole  days,    from  Wednesday   morning  untyll 
Saturday  at  fower  in  the  afternoone,  in  which  Intrime  hee  committed 
many  cruleties,  by  cutting  off  of  mens  hands  that  could  not  give 
him  so  much  mony  as  hee    demaunded,  six  and  twenty  did  one  of 
our   Principall  Factors  (that  was  then  his    Prisoner,    butt    escaped 
miracolously  Mr.  Anthony  Smith)  see  cutt  off  in  a  morning  besides 
many  heads : 

From  Achine  wee  have  Intelligence  that  the  Hollanders  are 
not  only  gone  away  from  that  place  by  stealth,  but  like  wise  from  all 
the  ports  and  places  where  they  had  factories  in  that  Queenes 
Dominions,  whince  it  is  infered  they  intend  to  make  a  new  warr 
with  hir  and  if  possibly  make  a  conquest  of  hir  golden  mountaines 
whince  is  colected  as  good  gold,  as  is  the  Chequine ;  I  cannot  record 
ought  else  in  mind  worthy  your  Lordshipps  notice  and  therefore  shall 
close  theis  with  the  wounted  subscription  of 

My  Lord 

Your  Honours 

most  humble  servant 
SuRAT  the  25th  January  1663/4.  H.  Gary. 

[  Postscript.] 

My  Lord 

The  inclosed  is  Copy  of  Sir  Abrahams  letter  to  the  vice  King, 
which  was  sent  me  by  the  latter  to  translate  in  regard  hee  could  finde 
noe  body  else  to  doe  it  for  him,  the  English  Jesuit  being  then 
absent  ;  in  reducing  it  into  Portugueze  I  tooke  the  freedom  uppon 
me  to  make  it  as  much  in  the  nature  of  a  Protest  as  I  could  and  now  I 
thought  it  very  requisit  to  remitt  it  unto  you  for  your  Lordshipps 
perusall. 

(Sd.)     H.  G. 

My  Lord 

Please  your  Honour  to  take  furder  notice  that  I  have  likewise 
beine  advised  from  the  Southward  that  Coxen  the  Chinches  who  tooke 
Ilha  Formoza  from  the   Hollanders    is   gone  against   theyr   Molluco 


450  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-  Islands  with  400  saile  of  Vessailes  and  the  Dutch  with  35  ffrigats  are 
TOixj  Q^^^'  gone  to  see  yf  they  cann  regaine  theyr  Beutifull  Island. 

Vol.    'ix;  (Sd.)     H.  G. 

f  o  1  i  o    38a 

No.  24.  [Endorsed.] 

Surat,  25  January,  63. 

Mr.  Gary. 

[Addressed.] 

These 
For  the  Right  Honoble,  James 

Earle  of  Marlebourgh. 


Public      Re- 

c!'^  o.     77.'  Right  Honoble 

Have  allready  in  due  obedience  to  your  Lordshipps  Commaunds 


Vol.       I X 


No.  25?  ^  °  written  unto  you  two  severall  times  by  way  of  Aleppo,  which  have 
bein  all  the  opportunities,  that  happned  for  conveyance  of  letters  for 
Europe  since  your  departure;  At  the  foote  of  my  first  letter  I  advized 
your  Lordshipp  of  the  report  which  then  was  in  Goa,  that  the  Vize 
rey  and  Councill  had  concluded  the  delivery  of  Bombaim  unto  Sir 
Abraham  Shipman,  and  that  it  was  comfirmed  unto  me  by  Father 
John  Gregory  the  English  Jesuit.  But  my  second  contradicted  it ; 
though  it  was  certenly  concluded  on  and  voted  by  three  severall 
Councills  whiles  my  aboad  In  Goa  that  Bombaim  should  bee  delivered 
unto  Sir  Abraham  Shipman  for  his  Majestys  use,  the  Vize  rey  telling 
me  so  himselfe ;  and  also  that  hee  would  suddenly  despeede  a  person 
towards  Sir  Abraham  with  the  Order.  But  my  Lord,  he  never  performed 
that  promisse  ;  Hee  minding  nothing  more  than  to  robb  the  poore 
people  over  whom  hee  is  sett  to  governe  ;  But  I  hope  hee  will  bee  made 
sensible  ere  long  of  the  greate  abuse  hee  hath  done  to  our  King  and 
Nation. 

No  longer  since  than  yesterday,  I  received  a  letter  from  Sir 
Abraham,  whose  Coppie  (conceiving  your  Lordshipp  very  anxious 
to  knowe  of  him  and  the  rest  of  his  Majestys  subjects)  I  have  heere 
inclosed  sent  you  by  this  conveyance.  I  shall  use  the  utmost  of  my 
endeavors  to  serve  him,  in  all  hee  desires.  Butt  to  levy  any  soldiers  heere 
to  recrute  him,  is  all  togeather  impossible,  as  your  Lordshipp  well 
knowes,  in  other  matters  I  shall  readyly  serve  him,  which  shall  bee 
to  manifest  howe  much  I  am 

My  Lord, 

Your  Lordshipps 

most  humble  servant 

H.  Gary. 

Surat  the  23rd  November  1663. 
My  Lord 

I  had  all  most  forgott  to  acquaint  you  that  his  Majestys  Pynk 
went  to  Bantam  in  Aprill  last  by  Sir  Abrahams  order  ;  but  as 
yett,  heere  is  noe  news  of  hir. 

(Sd.)     H.  G. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  451 

[Addressed.]  Public     Re- 

T-  cord     Ofi&oe. 

lliese  C.     O.     77, 

For  the  Right  Honoble  James  Vol.    ix,' 

Earle  of  Marlebourgh  folio      4  0 , 

In  London.  No.  25. 

Per  via  Aleppo. 
Recommendata  al  Consul 
deUa  natione  Inglese. 

[Endorsed.] 

23rd  November  1663. 
Mr.  Gary's  letter  to  the  Earl 
of    Marlborough     touching 
the  delay  of  the  delivery  of 
Bombaim  by  the  Portuguese. 

The  following  petition  of  the  inhabitants  of  Bombay  recites 
the  wrongs  of  the  various  communities,  and  prays  for  the  aboUtion 
of  Foreiros  Mayores,  or  Chief  Farmers,  whom  they  denounce  as 
"  powerfull,  arrogant,  and  exorbitant  violators,  Ecclesiastiques 
as  well  as  Civil."  It  is  the  earUest  expression  of  the  general  senti- 
ments of  Bombay  citizens,  and  throws  considerable  light  on  the 
administration  of  Bombay  by  the  Portuguese.  It  need  hardly 
be  pointed  out  that  the  picture  is  not  a  faithful  reproduction  of 
reality,  and  the  strong  denunciation  of  the  Portuguese,  rule  should 
not  prevent  us  from  doing  homage  to  the  sterling  woith  of  the 
early  Portuguese.  The  generation  that  succeeded  them  was, 
however,  distinctly  inferior  in  moral  no  less  than  intellectual 
qualities,  and  the  following  petition  brings  out  some  of  the  un- 
lovely features  of  the  administration  of  their  Asiatic  dependen- 
cies in  the  latter  half  of  the  seventeenth  century.  Mr.  Henry 
Gary  had  a  good  deal  to  do  with  this  outburst  of  intense  loyalty 
among  123  Christians,  84  "  Gentuies  "  and  18  "  Moors  ". 

The  Humble  Petition  and  Manifesto  which  the  Public  Re- 
Inhabitants  in  General  of  the  Island  of  Bombaim  make  ^^^  o^^77' 
to  his  Sacred  Majesty  Charles  the  Second,  by  the  Grace  vol.  I  X ' 
of  God,  King  of  Great  Brittaine,  France  and  Ireland  ;  f  o  1  i  o  64,' 
Defendor  of  the  Faith,  etca.  No.   38. 

Most   High,    most   Excellent,    and   most  puissant   King,    our 
Lord  and  Prince. 

The  Inhabitants  as  well  Catholiques  as  Mahometans  and 
Gentiles  Incorporated  together,  doe  manifest  unto  your  Majesty  like 
Loyall  Subjects  ;  That,  whereas  this  Island  being  formerly  belonging 
to  the  Crowne  of  Portugall,  there  were  in  each  Division  thereof  Foreiros 
Mayores,  or  Cheife  Farmers  ;  men  powerfull,  arrogant,  and  Exorbitant 
violators,  Ecclesiastiques  as  well  as  CivO  ;  whose  manner  of  Govern- 
ment was  absolute,  bringing  the  inferior  sort  of  us  so  much  under,  and 


452  JOURNAL  OF  INDIAN  HISTORY. 

Public  Re-  made  so  small  accompt  of  them,  as  comparatively  wee  may  say  the 
cord  Of&ce,  Elephant  doeth  of  the  Ant ;  murdering  whome  they  pleased  arbitrarily, 
V  1  ^*  T^'  ^^  their  will  had  been  a  sufficient  reason,  to  satisfie  their  ov  ne  cruel 
folio  64  ^^^^  against  all  Right  whatsoever  ;  they  likewise  robbed  withour  the 
No.  38.  least  consideration  or  feare  of  the  Deity  ;  not  suffering  the  Kings 
Ministers  to  take  any  cognisance  of  the  outrages  they  daily 
committed  upon  us  ;  presumeing  much  upon  their  owne  Greatnesse 
(being  Fidalgos)  and  Riches,  they  had  sucked  from  the  vein's  of  the 
People,  laying  what  impositions  they  of  their  meere  wills  pleased; 
which  the  Magistrates  consented  unto  by  the  mediation  of  Bribes, 
which  caused  them  in  lieu  of  hearkning  to  our  Complaints  ;  rather  to 
prejudice  us  by  favouring,  and  conforming  themselves  to  the  practices 
of  the  Exorbitants.  None  could  with  liberty  exercise  their  Religion, 
but  the  Roman  Catholicfue ;  which  is  wonderf ull  confining  with  rigorous 
precepts.  They  tooke  Orphan  Children  from  whomsoever  they 
pleased  ;  and  per  force  made  them  Christians  ;  stopping  the  eare  to  the 
cryes  of  the  mothers  ;  and  kinreds  just  Complaints  of  their  discontents  ; 
Besides  infinite  other  Tyrannies  which  are  so  many  that  tis  impossi- 
ble to  sett  them  all  downe  in  writeing,  in  so  much  that  this  Island 
was  brought  to  so  bad  an  Estate,  so  much  consumed,  so  much 
desolated,  and  so  very  misserable ;  that  it  moved  pity  to  behold  it. 

Haveing  thus  suffered  for  many  yeares  ;  it  pleased  God  of  his 
infinite  Mercy  to  send  us  the  Government  of  your  Sacred  Majesty  (as 
a  souveraigne  medecine  for  our  (otherise  incureable)  malady  which 
through  the  malice  of  the  said  Exorbitants  (who  had  bribed  the  Viz 
Rey  Antonio  de  Mello  de  Castro)  was  delayed  for  a  long  time,  we  most 
anxiously  wishing  for;  and  impatiently  expecting  the  good  houreof  the 
alteration  ;  which  not  long  since  wee  were  blessed  with.  From  the 
begining  of  which  to  this  present,  especially  under  the  Government 
of  Henry  Gary  Esq.,  wee  have  found  very  great  tranquillity  ;  every 
one  enjoyeing  his  owne,  with  a  great  deale  of  liberty  ;  and  in  General! 
the  free  exersisc  of  their  Religion;  experimenting  universal  justice, 
both  small  and  Great,  Rich,  and  Poore ;  And  that  which  wee  have  most 
reason  to  celebrate  this  present  Governour  for,  is,  the  expedient 
administration  of  justice  ;  his  continual  assisting  us  N\ith  dispatches, 
the  bievity  which  he  uses  in  concluding  our  pleas,  and  his  patience  in 
heareing  even  the  least  of  them ;  his  kindnesse  in  voiding  our  expences; 
so  just,  disinteressed,  pious  and  pacifique  ;  that  wee  beseech  Goc  to 
affoord  us  still  the  like  Government  ;  And,  because  we  have  notice 
given  us  by  what  the  said  exorbitants  publish,  that  they  with  great 
summes  of  money;  and  by  intercession  of  the  King  of  Portugall 
endeavour  to  reduce  this  Island  to  his  Obedience  (as  formerly)  and 
Confident  hereupon,  they  thunder  out  their  menaces  ;  that  they  will 
have  satisfaction  for  the  obedience  that  wee  have  to  this  houre  duly 
paid  to  your  Majesty  ;  Hereof  wee  doe  not  in  the  least  doubt  ;  but  that 
they  would  Tyrannise  over  us,  and  shew  us  Hell  in  this  World,  from 
which  Good  Lord  etca. 

Wherefore,  wee  humbly  beseech  your  Majesty  for  the  love  of 
God  and  for  the  wounds  of  Jesus  Christ,  to  take  pity  and  compassion 
of  us  by  not  consenting  to  alienate  us  from  your  Government,  and  the 
Obedience  thereof  upon  any  Consideration  or  agreement  whatsoever ; 


ANGLO-PORTUGUESE  NEGOTIATIONS.  453 

neither  to  permitt  any  more  Foreiros  Mayores  in  this  Island  ;  because  ^"¥**^q^®' 
every  one  was  a  justiciary  in  his  owne  house  ;  Sithence  with  the  protec-  q      q     77' 
tion  of  your  Sacred  Majestys  Name,  and  the  Great  faith  all  people  vol.     I  x' 
had  therein  ;  many  came  to  inhabitt  in  this  Island  from  other  parts,  folio     64, 
and  live  subject  to  its  Government  ;  employing  their  Stocks  in  build-  ^°-  ^^• 
ing  of  Houses  ;  and  buying  of  possessions  for  their  livelyhood  ;  which 
would  bee  unjust  now  to  bee  consumed  with  the  old  hatred.     For 
if  wee  had  not  experimented  the  clemency  of  your  Majestys  Govern- 
ment, wee  should  not  have  had  so  many  quarrills  and  disputes  with 
the  Exorbitants,  nor  yet  have  laid  out  our  moneys  ;  But  the  hopes 
affoorded  us  of  your  Majestys  Paternal  care,  greatest  reputation  and 
piety,  give  us  to  believe  ;  that  we  shall  receive  your  acceptance  of 
this  our  Petition  and  Manifesto,  and  that  your  Majesty  wiU  graunt 
our  desires  herein,  upon  confidence  hereof  wee  shall  enjoy  rest  and 
quietnesse,  by  your  Majestys  mercy  and  Clemency. 

The  Originall  of  this  Petition  in  Portuguez,  which 
remains  here  in  this  Garrison  of  Bombaim  upon  Record, 
is  signed  by  225  of  the  principalest  Inhabitants  of  this 
Island,  vizt. 

123  :  Christians 
84  :  Gentuies 
18  :  Moores 

225  persons  in  all. , 
[Endorsed.] 

To  His  Sacred  Majesty  of  great  Britain. 
The  Humble  Petition  of  the 
Povo*    of    the     Island      of 
Bombaim. 
Its  Copie  in  English. 

*  [Note. — A  duplicate  copy  of  the  above  is  endorsed  :] 

"  The  Humble  Petition  of  the  Inhabitants  of 
the   Island  of   Bombain. 
To   his    Sacred   Majesty, 
Translated  out  of   Portuguez." 

[In  pencil.]  "  Early  part  of  Chas.  II." 

The  following  letters  give  us  a  glimpse  into  the  tortuous 
course  of  the  negotiations  conducted  by  the  Portuguese  Viceroy 
with  regard  to  Bombay.  His  pohcy  is  best  summed  up  in  the 
following  extract  from  his  letter  dated  December  28,  1662.  "  As 
a  remedy  for  all  the  aforesaid  there  is  only  one  thing,  and 
that  is  for  Your  Majesty  to  buy  this  island  from  the  King  of 
England."  He  had  originally  suggested  200,000  to  300,000 
crusados  as  a  reasonable  price  ;  he  is  now  willing  to  pay  double 
that  amount.  At  the  same  time  that  he  penned  this  Despatch, 
he  expressed  to  the  English  Commander  his  readiness  to  deUver 

F 


454  JOURNAL  OF  INDIAN  HISTORY. 

Bombay  provided  all  the  formalities  were  duly  observed.     It  is 
difficult  to  resist   the  conclusion  that  the  defects  in  the  Letters 
Patent   were  regarded  as    a  convenient  excuse  for  delaying  the 
transfer,    and    this   impression   is   changed    to  certainty  by  the 
perusal  of  his  letter,  quoted  above.     He  saw    "  in  the  island  of 
Bombay,  so  many  Christian  souls  which  some  day  will  be  forced 
to  change  their  religion  by  the  English,"  and  he  feared  that  the 
occupation  of  Bombay  will  ultimately  result  in  the  Portuguese 
losing  "  all  to  the  north,  as  they  will  take  away  all  your  Majesty's 
trade."     It  is  not  surprising,  then,  to  find  him  wrangHng  over 
the  delivery  of  the  island,  and  spinning  out  time,  in  the  hope,  I 
suppose,  of  receiving  an  order  from  the  Portuguese  King,  reversing 
his  decision.    But  these  hopes  were  not  likely  to  be  realised,  for  the 
English   Government   had   already  made  a  representation  to  the 
Portuguese  Government  on  the  subject.     Full  account  of  the  early 
stages  of  this  controversy  will  be  found  in  The  Report  of  the  His- 
torical MSS.  Commission  on  the  Heathcote  MSS.     Here  it  is  only 
necessary  to  bring  out  the  leading  stages  of  this  quarrel.   Sir  Henry 
Bennett  wrote  the  following  Despatch  to  the  Enghsh  Ambassador 
in  Portugal  (May  14,  1663).     "  The  dishonour  and  disappointment 
of  such  a  thing,  and  the  expense  His  Majesty  hath  been  at  to  send 
for  it,  hath  left  him  in  the  last  resentments   against  this  usage 
that  can  be  imagined,  and  I  am  bid  to  tell  Your  Lordship  that 
less  than  the  Viceroy's  head,  and  satisfaction  for  all  the  damages 
and  expense  His  Majesty  is  exposed  to  by  this  disappointment, 
will  not  suffice  to   pay  His   Majesty  for  this   affront  ;  it   being 
expected  that  what  be  done  of  this  kind,  and  the  possessing  us  of 
the  aforesaid  island — which,  by  the  way,  is  found  to  be  far  inferior 
to  what  it  was  represented — come  from  Portugal    itself,    without 
the   concurrence  of  any    demands  or  diligences    on    our    side." 
Two  days    later   Lord    Clarendon   himself   wrote   to    Fanshaw, 
the  English  Ambassador,  stating  that  "  if  some  sudden  satisfaction 
be  not  given  there  will  soon   be   an   end    of  our  alliance    with 
Portugal."    These  were  strong  words,  but  they  were  not  stronger 
than  those  employed  by  Shipman  and  others  at  the  time.     The 
Portuguese  alliance  seems,    in   fact,  to    have  been   thoroughly 
unpopular,  and  there  was  a  concensus  of  opinion  that  the  English 
Government  had  been  tricked.     Mr.  Pepys  opined  that  the  "  Por- 
tugese have  choused  us  in  the  island  of  Bombay  in  the  East  Indys," 
and  Mr.  Pepys  merely  voiced  the  general  feeling  on  the  subject. 
Fanshaw's  representation  to  the  Portuguese  Government  seems  to 
have  had  some  effect,  for  the  latter  assured  him  that  fresh  instruc- 
tions  for    the    surrender   of   Bombay    were   being    despatched. 
Fanshaw  had  added  a  suggestion  that  Bassein  should  be  ceded  in 


ANGLO-PORTUGUESE  NEGOTIATIONS.  455 

addition  to  Bombay.  This  demand  seems  to  have  surprised  the 
Portuguese  Court,  and  they  failed  to  understand  the  reason  for 
the  addition  of  Bassein  to  their  original  demand.  On  July  25, 
the  Portuguese  Ambassador  was  informed  that  Charles  insisted 
upon  (1)  the  punishment  of  the  Viceroy,  (2)  reparation  for  the 
expenses  incurred,  and  (3)  the  cession  of  the  whole  of  the  terri- 
tory "  exhibited  formerly  to  His  Majesty  in  the  map,  containing 
not  only  Bombain,  but  Salzede  (Salsette)  and  Taan  (Thana)." 

The  King  of  Portugal,  finally,  sent  an  order  to  the  Viceroy, 
on  the  10th  of  August,  1663,  and  the  energetic  action  of  Charles 
proved  eminently  successful.  The  Portuguese  King,  however, 
never  ceased  to  regret  the  loss  of  that  jewel,  and  two  years  later 
we  find  him  recurring  to  the  proposal  of  the  Viceroy,  embodied  in 
his  Despatch  of  28th  December,  1662  {see  above),  ordering  him  to 
collect  a  large  amount  for  the  purchase  of  Bombay  from  Charles. 
The  latter,  it  is  clear,  was  prepared  to  restore  it  to  the  Portu- 
guese, provided  a  substantial  amount  was  paid.  This,  however, 
was  impossible  at  the  time,  and  Bombay  remained  in  the  hands 
of  the  English  Government. 

In  pursuance  of  this  treaty,  the  King  of  Portugal  had  already 
issued,  on  the  9th  of  April,  1662,  the  following  orders  to  Antonio 
de  Mello  de  Castro,  two  days  before  the  issue  of  the  alvara  of 
his  nomination  as  Governor  of  India,  which  ran  thus  : — 

"  I,  King,  send  you  greeting.  By  the  article  of  the  contract 
which  has  been  agreed  on  with  the  King  of  England,  my  good 
brother  and  cousin,  concerning  the  dowry  portion  of  the  Queen, 
his  wife,  my  most  beloved  and  esteemed  sister,  which  you  will 
receive  with  this  letter,  you  will  understand  why  and  how  the  port 
and  country  of  Bombay  relates  to  him,  and  the  obligation  I  am 
under  for  directing  the  same  to  be  delivered  to  him.  Immediately 
as  you  arrive  at  the  states  of  India  you  will  ask  for  the  credentials 
from  the  King  by  which  you  will  know  the  person  to  whom  the 
possession  should  be  given  and  the  delivery  made.  You  will  accordingly 
cause  the  same  to  be  made  in  the  manner  and  form  of  that  capitulation 
observing  the  same  yourself  and  causing  the  whole  and  every 
part  thereof  to  be  duly  observed,  and  direct  that  the  whole  may  be 
committed  to  writing  very  clearly  and  distinctly  so  as  at  all  time  to 
appear  the  wole  that  may  pass  in  this  affair.  You  will  further  send 
the  same  to  me  by  different  conveyances  in  order  to  settle  and  adjust 
the  acquittance  of  the  dowry  promised  to  the  King,  and  by  the  other 
articles  of  that  treaty  it  will  be  present  to  you,  the  union  we  celebrated, 
and  the  obligation  the  King  has  to  afford  me  succour  in  all  my 
urgencies  and  necessity  I  may  have.  In  any  necessity  you  may  find  it 
convenient  to  apply  to  the  English  you  will  do  so,  at  the  same  time 
you  will  assist  them  in  the  same  way.  King.  Written  at  Lisbon  the 
9th  April  1662." 


456  JOURNAL  OF  INDIAN  HISTORY. 

In  justification  of  his  refusal  to  obey  His  Majesty's  com- 
mands, he  wrote  to  the  King  on  the  28th  of  December,  1662, 
the  following  letter  : — 

"  Sir, — It  is  a  more  on  account  of  the  duty  of  the  post  than 
from  any  need  with  the  English,  who  will  themselves  make  them 
known.  For  there  were  many  who  reproved  the  excesses  of  Captain 
Richard  Minors  in  whose  company  I  came  to  this  State.  And  General 
Marlborough  continued  them  with  greater  harshness  even  in  the  Port 
of  Bombay. 

"  From  the  report  sent  with  this  letter  your  Majesty  will  be  able 
to  learn  that  not  a  day  was  passed  without  molestation,  and  I  was 
sometimes  warned  that  they  wanted  to  kill  all  the  Portuguese.  Their 
senseless  provocations  might  have  well  led  us  to  use  arms  in  revenge  ; 
but  I  contented  myself  with  keeping  them  ready  for  defence.  With 
more  attention  to  your  Majesty's  service  than  to  my  life,  I  bore  the 
risk  and  slights,  expecting  to  send  to  your  Majesty  my  complaints.  I 
hope  the  world  will  see  that  my  patience  has  not  injured  my  reputation, 
but  on  the  contrary  has  increased  it  for  being  in  the  service  of  your 
Majesty,  who  knows  to  greatly  appreciate  it,  as  all  my  sufferings  tend 
to  your  Majesty's  service. 

"  It  did  not  appear  convenient  to  hand  over  the  Island  of  Bombay, 
as  the  British  refused  me  assistance  every  time  I  asked  for  it,  and 
Marlborough  went  so  far  as  to  undeceive  me  not  only  by  words, 
stating  that  the  capitulations  were  formal  {modo  geral)  and  involved 
no  obligation,  but  also,  by  actions,  handing  over  wickedly  to  the  Moors 
of  Anjaianne  42  of  your  Majesty's  vassals,  among  whom  there  were 
27  Christians,  whom  I  had  with  me  in  the  vessel.  They  did  this 
in  so  barbarous  a  manner  and  such  indecency,  that  they  took  from 
my  arms  a  little  child  which  I  had  sheltered  with  the  mother  in  my 
cabin,  because  three  days  before  I  have  stood  its  god-father  at  the 
baptism. 

"  The  reason  for  not  surrendering  the  island  was  the  same  order 
which  I  had  received  from  your  Majesty,  and  which  I  must  obey  ;  and 
as  neither  I  nor  the  councillors  understand  it,  it  is  necessary  to  report 
the  very  words  written  by  your  Majesty  on  this  matter,  reminding 
that  in  case  of  doubt  it  was  my  duty  to  seek  the  sense  most  convenient 
for  your  service.  The  letter  says  : — "  As  soon  as  you  arrive  at  the 
State  of  India  you  shall  demand  the  King's  warrant,  and  thereby  you 
win  know  the  person  to  whom  the  possession  should  be  given  and  the 
delivery  made." 

"  Abraham  Shipman  gave  me,  instead  of  the  warrant,  which 
I  asked  for,  a  sealed  letter  written  in  Latin,  and  Letters  Patent  in 
English.  The  letter  had  defects,  as  mentioned  in  the  statement  I 
ordered  to  be  written,  and  the  Letters  Patent  had  not  the  signature 
of  the  King  of  England.  I  doubted  the  validity  of  the  one  and  the 
other,  as  all  the  Letters  Patent  I  have  ever  seen  had  the  Royal 
Signature  ;  and  there  could  be  no  more  reason  for  the  omission  in  this 
case  than  in  my  letter  which  was  signed.  Is  it  the  practice  in  England^ 
for  the  King  to  sign  or  not  ?  If  it  is,  how  is  it  that  the  Letters  Patent! 
were  not  signed ;  if  it  is  not,  how  was  then  the  letter  signed  ?  Besides* 


ANGLO-PORTUGUESE  NEGOTIATIONS.  457 

I  thought  that  there  was  a  difference  between  the  warrant  and  the 
missive  letter.  The  letter  is  for  one  to  whom  it  is  addressed,  the  warrant 
is  for  the  public.  If  Royal  Persons  do  not  write  warrants  as  we  do, 
they  write  instead  Letters  Patent,  which  are  public  and  not  private 
or  missive  letters.  If  I  doubted,  Sire,  the  letter  which  they  call  a 
warrant,  how  could  I  hand  them  over  the  place,  as  the  conditions  under 
which  your  Majesty's  instructions  were  given  were  wanting  ? 

"  The  same  letter  from  your  Majesty  to  me  says  that  you  will 
know  the  person  to  whom  the  possession  should  be  given  and  the 
delivery  made.  You  will  accordingly  cause  the  same  to  be  made  in 
the  manner  and  form  of  that  capitulation  observing  the  same  yourself 
and  causing  the  whole  and  every  part  thereof   to  be  duly  observed. 

"  The  secret  chapter  which  your  Majesty  sent  me  says,  that 
the  King  of  England  agrees  to  arrange  peace  between  your  Majesty 
and  the  Dutch  on  honourable,  advantageous,  and  safe  terms  for  your 
Majesty,  and,  in  the  event  of  the  Dutch  not  agreeing  to  the  terms,  he 
will  send  such  a  fleet  as  will  defend  and  protect  the  Portuguese  posses- 
sions in  India,  and  that  his  fleet  shall  be  sent  at  the  same  time  as  the 
instructions  for  the  handing  over  of  Bombay  are  given. 

"  If  your  Majesty  orders  me  to  hand  over  Bombay,  in  accordance 
with  the  terms  of  the  capitulations,  it  follows  that  I  cannot  hand  it 
over  in  another  form.  The  terms  of  the  capitulations  require  that  the 
King  of  England  shall  first  arrange  the  treaty  of  peace ;  that  the  Dutch 
should  first  either  agree  to  the  terms  or  not  and  continue  the  war,  and 
that  a  sufficient  fleet  sent  to  help  us  in  the  latter  case.  Allow  me,  your 
Majesty,  to  copy  here  the  same  words  from  the  Latin,  which  are  more 
powerful  than  in  Portuguese.  Qui,  si  hujusmodi  conditio nes  concedere 
recusaverint,  tunc  dictus  Magna  JBritanicB  Rex,  cum  classem  suam 
ad  capiendam  possessionem  partus,  et  Insulae  Bomhaym  miserit,  tales 
ac  tanias  copias  simul  mittet,  instructas  tarn  viribus,  quam  mandatis,  ut 
possint  defendere,  ac  potegere  omnes  Lusitanorum  possessiones  in  Indiis 
Oriantatibus.  So  that  the  King  of  England,  cannot  take  possession  of 
Bombay,  untill  after  the  treaty  of  peace  is  made  or  refused  and  {tunc) 
then,  which  is  the  word  exclusive  of  any  other  time,  if  peace  is  not 
made  he  shall  take  possession,  and  at  the  same  time  send  the  said 
fleet  with  the  power  and  orders  to  defend  us.  If  your  Majesty  orders 
me  to  surrender  in  the  mode  and  form  of  these  capitulations,  and  in 
no  other  manner,  as  said  above,  when  the  treaty  of  peace  is  neither 
accepted  nor  refused,  and  no  fleet  has  arrived,  except  three  ships, 
without  neither  force  nor  orders  to  help  us,  how  can  I  account  to 
your  Majesty  for  delivering  the  island  of  Bombay  ? 

"  Moreover,  I  see  the  best  port  your  Majesty  possesses  in  India 
with  which  that  of  Lisbon  is  not  to  be  compared,  treated  as  of  little 
value  by  the  Portuguese  themselves,  I  see  in  the  island  of  Bombay 
so  many  Christian  souls  which  some  day  will  be  forced  to  change  their 
religion  by  the  English.  How  will  they  allow  Catholics  to  reside  in 
their  territories  when  they  hand  our  Catholics  in  the  island  of 
Anjuame  to  the  Moors  ?  I  considered  also  that  your  Majesty  has  no 
other  place  to  receive  and  shelter  your  Majesty's  ships  and  the  gallions 
of  your  fleet  when  that  bar  is  closed.  The  English  once  there,  and  the 
island  fortified,  your  Majesty  will  lose  all  to  the  north,  as  they  will  take 


458  JOURNAL   OF  INDIAN  HISTORY. 

away  all  your  Majesty's  trade.  They  bring  the  same  articles  as  we  do, 
and  of  better  quality ;  they  will  compel  all  vessels  to  be  put  into 
that  harbour  and  lay  duties  as  we  did  formerly,  we  shall  have  to  receive 
from  them  what  England  sought  from  us ;  even  the  provisions  of  our 
land  which  supply  all  our  fortress,  we  shall  have  to  buy  from  them 
because  giving  one  or  two  xerafins  more  for  each  mura  of  rice  they 
will  gather  all  and  sell  afterwards  for  its  weight  in  gold.  Do  not 
believe,  your  Majesty,  that  it  will  be  possible  to  prevent  it,  for  no 
dilligence  will  be  enough,  and  that  was  the  manner  in  which  the  Moghals 
have  destroyed  those  lands,  through  which  cause  many  persons  have 
died  from  famine.  It  is  yet  possible  to  prevent  them  from  taking 
away  the  provisions,  for  which  I  have  left  in  those  parts  necessary 
instruction.  But  it  is  impossible  in  Bombay,  because  it  is  separated 
trom  Salsette  by  only  a  cannon  shot,  and  it  would  have  to  spend  more 
in  keeping  watch  than  it  would  yeild  in  revenue.  Lastly  the  criminals 
will  find  a  shelter,  and  if  with  the  neighbourhood  of  the  Moors  they 
commit  so  many  crimes,  how  daring  will  they  be  with  that  security  ? 

"  That  English  are  at  peace  with  us  now,  but  what  would  it 
be  in  case  of  war  ?  How  can  those  islands  which  are  the  graneries 
of  India,  once  wedged  in  between  the  British  and  the  Mogores  (Moghuls) 
be  defended  ?  Who  can  prevent  the  natives  from  passing  over  ;  what 
drugs  and  merchandise  will  traders  go  to  Goa  in  search  of  ? 

"  I  have  shown  how  I  have  obeyed  your  Majesty's  orders  by 
preserving  the  reputation  of  your  Majesty's  arms,  and  prevented  the 
total  loss  and  destruction  of  your  Majesty's  teritarries  by  not  handing 
over  Bombay. 

"  Now  let  your  Majesty  command  the  consideration  of  this 
subject,  remembering  that  seeing  is  different  from  hearing;  and  as 
you  are  my  King  and  Lord,  I  do  my  duty  in  giving  this  information, 
that  your  Majesty  may  order  what  is  convenient.  If  it  is  not  liked,  I 
shall  be  sorry,  but  it  suffices  that  no  blame  be  attached  to  me  at 
any  time. 

"  As  a  remedy  for  all  the  aforesaid  there  is  only  one  thing,  and 
that  is  for  your  Majesty  to  buy  this  island  from  the  King  of  England.  In 
another  letter  to  your  Majesty  I  say  that  your  Majesty  can  give  from 
200  to  300,000  crusados  (£25,000  to  £37,500)  in  three  years,  now  I  say 
your  Majesty  can  give  500,000,  600,000.  May  I  undertake  to  say  that 
all  in  this  state,  who  would  be  pleased  to  be  free  from  such  a  yoke, 
would  assist  in  carrying  out  the  arrangement  ?  This  purchase  will 
further  help  to  make  peace  firmer  with  the  English,  because  such  a 
neighbourhood  will  occasion  every  day  discontent  and  strife  ending 
in  war.  It  is  necessary  to  be  careful  and  cautious  in  this  affair,  in 
order  that  English  may  know  that  your  Majesty's  only  motive  is 
the  resistance  from  this  State  and  your  desire  to  remove  the  discontent 
from  your  vassals,  because  if  they  understand  otherwise  everything 
else  will  be  of  little  moment  to  them. 

"  Forgive  your  Majesty  the  fault  that  may  be  found  in  this  letter, 
because  the  zeal  and  love  with  which  I  writ  well  deserve  it.  God 
preserve  the  most  high  and  powerful  person  of  your  Majesty,  as  your 
vassals  have  need.     Goa  28th  December,  1662." 

Antonio  de  Mello  de  Castro. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  459 

The  King  of  Portugal  had  sent  to  the  Viceroy,  on  the  i6th 
of  August,  1663,  the  following  order  : — 

"  I,  King,  send  you  greeting.  By  the  way  of  England,  intelli- 
gence reached  me  that  in  the  State  of  India  doubts  arose  with  respect 
to  the  delivery  of  the  town  of  Bombay  to  the  order  of  the  King  of  Great 
Britain,  my  good  brother  and  cousin,  in  conformity  of  mine  which 
you  carried  with  you.  At  this  I  was  greatly  surprised  and  am  very 
sorry,  because,  besides  the  reasons  of  convenience  of  this  Crown,  and 
more  especially  of  the  State  of  India,  which  made  it  necessary  for  me 
to  take  that  resolution,  I  wish  much  to  give  the  King  of  England,  my 
brother,  every  satisfaction.  For  these  and  other  considerations  of  the 
same  identity,  as  well  as  because  the  King,  my  brother,  must  have 
sent  fresh  orders,  removing  every  doubt  there  might  have  originated 
from  those  he  sent  first,  I  therefore  direct  and  order  that  you  do, 
in  compliance  with  those  orders  of  mine  which  you  carried  with  you, 
cause  to  execute  the  said  delivery  with  every  punctually  and  without 
the  least  consideration,  as  the  matter  does  not  admit  of  any,  and  the 
delay  is  very  prejudicial.  By  complying  therewith,  as  I  expect  from 
you,  I  will  consider  myself  well  served  by  you.  If  you  meet  with 
any  impediment  from  any  person,  you  will  order  to  proceed  against 
him  publicly  as  the  case  may  require.  Written  at  Lisbon,  the  I6th 
of  August  1663.  King.  The  Count  of  Castello  Melhor." 

The  next  letter  of  the  King  is  dated  February  8,  1664,  and 
is  as  follows  : — 

"  By  your  letter  which  has  been  brought  to  us  overland  by  Manuel 
Godinho,  a  Religious  of  the  Company  of  Jesus,  I  saw  with  great  pain 
the  difficulties  which  have  been  arisen  with  regard  to  the  delivery  of 
Bombay  to  the  King  of  Britain,  my  brother  and  cousin,  according  to 
the  capitulations,  and  the  orders  I  gave  you  when  you  left.  Whatever 
is  stipulated  in  the  capitulations  and  reasons  for  giving  contentment 
to  the  King,  my  brother,  admits  of  no  doubt ;  and  I  trust  that  with 
your  prudence  you  have  now  arranged  matters  so  far  that  you  will 
carry  out  my  instructions  without  further  delay.  Should  any  fresh 
difficulties  present  themselves,  I  order  you  to  overcome  them  in  a 
manner  that  I  may  feel  grateful  to  you.  To  the  inhabitants  of  the 
island  you  must  say  that  they  have  misunderstood  the  Article  of 
Capitulation  shown  them,  as  their  estates  {fazendas)  will  not  be 
confiscated  but  they  will  be  allowed  to  remain  in  possession  of  them 
as  hetherfore.  The  only  difference  will  be  that  they  will  live  under 
the  dominion  of  the  King  of  Great  Britain,  my  brother,  who  will  rule 
them  with  justice  and  in  the  freedom  of  the  Roman  Catholic  religion 
as  it  is  the  practice  in  Europe  among  many  peoples  and  cities  with 
similar  treaties,  and  with  his  power  he  will  defend  them  and  secure 
them  in  their  trade,  that  they  may  attain  to  the  opulence  they  desire. 
The  King  of  England  also  undertakes  to  protect  the  places  I  have  in 
that  State,  and  this  was  one  of  the  reasons  for  my  giving  him  that 
island.  The  inhabitants  of  the  island  are  so  closely  allied  by  nation- 
ality, parentage,  and  convenience  to  the  best  of  the  Portuguese  all 
over  India  that  I  consider  the  arrangement  will  be  for  their  common 
good.      You  must  use  all  the  means  in  your  power  to  hand  over  the 


460  JOURNAL  OF  INDIAN  HISTORY, 

place  soon,  as  this  affair  will  admit  of  no  delay.  Immediately  the 
delivery  has  taken  place  you  will  advise  me,  as  it  is  of  the  utmost 
importance  that  it  should  be  known  here.  Written  at  Lisbon  in 
Salvaterra  de  Magos  (sic)  8th  of  February,  1664.  King.  The  Count 
OF  Castello  Melhor.     For  Antonio  de  Mello  de  Castro." 

The  following  letter  addressed  by  the  Viceroy  to  the 
Supreme  Court  at  Goa  throws  further  light  on  the  question  : — 

Goa  : — "  I  have  received  a  letter  from  His  Majesty,  whom  God 
preserve,  ordering  me  to  deliver  Bombay,  but  I  do  not  know  to  whom 
to  deliver  it,  as  Abraham  Shipman,  in  whose  behalf  the  King  of 
England  had  issued  the  commission,  is  dead,  and  it  is  not  transferable 
to  any  other  person.  And  as  this  order  is  identical  with  the  one  I 
brought  with  me,  directing  that  I  should  demand  the  credentials  from 
the  King  to  the  person  to  whom  the  possession  of  the  island  shall  be 
given  and  the  delivery  made,  commiting  the  whole  to  writing  in  order 
to  avoid  any  uncertainty  for  all  time,  in  virtue  of  the  capitulations, 
I  thought  the  matter  to  belong  rather  to  law  and  sent  the  letter  and  the 
warrant  to  the  court,  requesting  them  to  decide  in  the  mode  judicial 
for  the  delivery  of  the  Island,  thus  satisfying  both  the  King  of  England 
with  what  has  been  promised  him,  and  the  King  our  Lord,  by  obeying 
strictly  his  orders,  writing  a  statement  of  all  the  circumstances,  as  the 
letter  requires  and  the  right  demands.  I  request  the  magistrate 
(desembargadores)  that  after  reading  the  papers,  and  weighing  the 
words,  they  send  me  their  opinions  in  writing,  to  be  discussed  in  the 
Council  of  the  State,  and  to  settle  all  other  points  relating  to  this  affair, 
and  all  to  be  done  as  quickly  as  possible.  Panelim,  3rd  of  November 
1664.    Antonio  de  Mello  de  Castro." 

The  last  letter  of  the  Viceroy  refers  to  the  same  subject. 

"  Sire : — By  the  way  of  England  has  reached  me  this  year  a  letter 
from  your  Majesty  on  the  surrender  of  Bombay.  Although  the 
warrant  that  was  shown  to  me  was  more  doubtful  than  the  first,  being 
addressed  to  a  man  who  was  dead,  and  had  no  successor  ;  but,  under- 
standing that  it  was  your  Majesty's  pleasure,  and  the  whole  council 
having  decided  that  possession  should  be  given  without  further  delay, 
and  the  Supreme  Court  of  Judicature  being  of  opinion  that  the  war- 
rant, notwithstanding  its  form,  was  sufficient,  I  ordered  the  Vedor  da 
Fazenda  and  the  Chancellor  of  the  State  to  proceed  to  the  north  for 
this  purpose,  and  gave  them  directions  (regimento)  a  copy  of  which 
I  send  herewith.  I  confess  at  the  feet  of  your  Majesty  that  only  the 
obedience  I  owe  your  Majesty,  as  a  vassal,  could  have  forced  me  to  this 
deed,  because  I  forsee  the  great  troubles  that  from  this  neighbourhood 
will  result  to  the  Portuguse  ;  and  that  India  will  be  lost  the  same  day 
in  which  the  English  nation  is  settled  in  Bombay.  I  have  faithfully 
responded  to  the  trust  your  Majesty  has  reposed  in  me,  appointing 
me  to  this  post  and  to  the  honour  I  have  inherited  from  my  ancestors. 
I  have  been  actuated  by  these  feelings  during  all  the  time  I  have 
been  informing  your  Majesty  of  the  inconvenience  of  this  resolution, 
giving  my  reasons  for  not  surrendering  the  island.  I  hope  from  the 
greatness  of  your  Majesty  that  after  seeing  my  papers,  you  will 
commend  the  judgement  of  my  acts,  and  that  they  will  be  found  to  be 


ANGLO-PORTUGUESE  NEGOTIATIONS.  461 

in  accordance  with  my  duty.  Your  Majesty  being  well  served  of 
my  zeal  is  the  only  reward  I  aspire  to.  God  preserve  the  Catholic 
and  Royal  Person  of  your  Majesty  as  Christendom  and  vassals  have 
need.     Goa,  5th  of  January,  1665.  Antonio  de  Mello  de  Castro." 

The  following  letter  from  the  Portuguese  monarch  is  ad- 
dressed to  the  Viceroy,  Antonio  de  Mello  de  Castro,  and  runs 
thus : — 

"  I,  King,  send  you  greeting.  On  account  of  the  difficulties  raised 
for  the  delevery  of  Bombay,  I  despatched  to  England  Francisco 
Ferreira  Rebello  charged  with  this  affair  alone,  to  try  to  compose  this 
matter,  and  the  Marquis  of  Sande,  my  Ambassador  Extraordinary, 
who  was  in  that  Court,  made  all  diligence,  and  finally  the  King,  my 
good  brother,  by  the  goodwill  he  has  for  my  things,  allowed  the 
consideration  of  an  indemnity  in  money ;  but  he  wants  such  large  sums 
that  they  reach  to  millions.  Thus  it  is  necessary  to  make  great  efforts 
and  to  use  all  means  to  collect  them.  As  it  is  not  possible  to  settle  this 
affair  without  giving  at  first  a  considerable  sum  and  as  this  kingdom 
with  the  wars  with  Castile  is  found  to  be  in  want  of  means  which  is 
well  known,  it  is  necessary  to  draw  as  great  a  part  of  this  amount 
from  the  State  of  India,  as  according  to  what  you  wrote  me  upon  the 
subject  it  may  be  possible  to  obtain.  For  this  reason  I  order  and 
much  recommend  that,  in  the  manner  that  you  may  deem  convenient, 
you  try  to  collect  without  deley  a  contribution,  and  remit  by  the  first 
ship  all  that  you  can,  in  order  that  in  case  any  settlement  be  arrived 
at,  whatsoever  sum  is  necessary  may  be  ready.  And  in-  case  it  fails 
the  sum  collected  would  remain  as  a  contribution  of  peace  with 
Holland.  This  matter  being  so  important  to  all  people,  I  trust  they 
wiU  contribute  with  the  goodwill  that  the  matter  demands,  and  you 
will  be  doing  me  a  particular  service  in  preparing  every  thing  that 
there  is  need  of.  Written  at  Lisbon,  15th  of  April  1665.  King. 
The  Count  of  C as  tell  o  Melhor." 

The  following  letters  from  Cooke  trace  the  progress  of  the 
occupation  of  Bombay  by  the  King's  officers,  and  record  the 
difficulties  encountered  by  him  in  arriving  at  a  satisfactory 
arrangement  of  this  dispute.  Shipman,  it  is  clear  from  Cooke's 
letter  of  August  26,  1664,  died  on  April  6  of  the  same  year  and  not 
in  October,  as  has  been  alleged  by  several  historians.  Cooke's 
long  letter  of  March  6,  1664,  will  be  found  interesting,  as  in  it  we 
can  perceive  the  beginnings  of  that  friction  between  the  King's 
and  the  Company's  officers  which  led  later  on  to  the  cession  of 
Bombay  to  the  Company.  It  was  clear  to  Charles,  and  no  less 
evident  to  the  Company,  that  the  existence  of  two  independent 
authorities  within  the  same  sphere  would  engender  ceaseless  strife 
and  continual  bickering.  This  was  illustrated  in  the  governorship 
of  Cooke.  The  island  was  handed  over  to  Cooke  in  February, 
and  the  quaint  ceremony  is  described  thus.  Cooke,  we  are 
informed,      "  took    himself      personally     the     possession     and 


462  JOURNAL   OF  INDIAN  HISTORY. 

delivery  of  the  said  port  and  town  of  Bombay,  walking 
thereupon,  taking  in  his  hand  earth  and  stones,  entering  and 
walking  upon  its  bastions,  putting  his  hands  to  the  walls  thereof, 
and  making  all  other  Uke  acts  which  in  right  were  necessary 
without  any  impediment  or  contradiction."  Cooke's  account  of 
Bombay  will  be  read  with  interest  by  its  citizens  to-day.  "  In  this 
Island,"  he  informed  the  Government,  "  was  neither  Government 
nor  Justice,  but  all  cases  of  Law  was  (were)  carried  to  Tanny 
and  Bassein."  Bombay  yielded  "  nothing  but  a  greate  quantity 
of  Coco  Nuts  and  Rice  with  other  necessary  provisions." 

Cooke's  administration  of  the  island  pleased  neither  the 
King  nor  the  English  Company,  and  they  were,  on  the  whole,  jus- 
tified in  repudiating  his  Treaty  with  the  Portuguese.  A  copy  of 
this  Treaty  is  given  below.  Careful  perusal  of  this  convention 
shows  clearly  that  the  Portuguese  were  justified  in  exercising  some 
of  the  vexatious  rights  which  became  a  source  of  constant  trouble, 
as  they  had  been  expressly  guaranteed  by  Cooke's  Treaty. 
This  was  due  partly  to  the  apathy  of  the  English  Govern- 
ment, who  did  not  repudiate  it  until  after  twelve  years.  Had 
the  "unjust  capitulation"  to  which  Charles  refers  in  his  letter, 
printed  herewith,  been  denounced  in  1665,  the  long  and  tedious 
correspondence  and  vexatious  retaliatory  measures  would  have 
been  avoided.  Both  Cooke's  Treaty  and  Charles'  letter  repudiating 
it  are  given  below. 

Public  Re-    Honourable  Sir, 

a)rd    Office,  j^^  g^j,  ^^  ^p^.-^^  jgg^  -^   pleased  Almightie  God  to    Calle  the 

Vol  ix'  Hon'ble  Sir  Abraham  Shipman  our  Govarnour  out  of  this  world, 
folio  91,  '  who  was  pleased  to  nominale  mee  Lt  :  Govarnour  to  take  Care 
and  Charge  of  his  Majesties  forces  and  Affaires  in  these  parts  of  India, 
while  further  orders  Comes  from  England,  the  which  I  have  excepted 
Rather  then  all  should  goe  to  Ruine,  here  not  Remaining  any  person 
fitt  to  mannaige  the  same.  By  accidente  I  Remained  here  my  selfe, 
I  shall  now  doe  my  dewty  and  bee  Redey  at  all  tymes  to  bee  account- 
abell  when  Ever  his  Majestie  please  to  Command  ;  wee  are  daylie 
expecting  orders  from  his  Majestie  for  our  Removeing  to  Bombaim,  to 
bee  Cleared  of  this  Unhouldsum  Island  wheare  wee  have  loste  upwards 
of  250  menn  and  at  presant  but  one  Commision  Officer,  An  Ensigne, 
alive  of  all  that  came  out  of  England,  there  hath  not  binn  any  maide, 
because  to  make  his  Majesties  monnys  hould  out  which  I  hope  hee 
will  please  to  Consider  ;  Sir  Abraham  Shipman  was  lickwise  pleased  to 
make  mee  overseear  of  what  Estate  hee  hath  in  these  parts,  the  which 
I  cannot  Justly  advise  his  executours  whilest  his  Majesties  Account 
bee  adjusted,  In  case  there  should  bee  any  obgection  therein.  I  hope 
his  Majestie  will  bee  pleased  to  Consider  my  willingnes  to  searve  hiine 
haveing  Lost  my  other  occationes  to  Live  here  in  this  Remote, 
Malancolly,  Sickly  Island  to  doe  him  Searvis,  besides  the  extriordinary 
Charges  I  am  at  as  Govarnour  in  housekeeping  and  Servants  which 


ANGLO-PORTUGUESE  NEGOTIATIONS.  463 

Cannott  bee  Avoyded  for  our  nations  honnour,  the  Caire  I  have  of  his  Public     Re- 
Majesties  Affaires  here  wanting  soe  manny  Officers  and  of  his  Actions  SP"^  o^^77 
&ca.  for  all  which  I  hope  shall  desarve  the  same  pay  our  deasceced  vol.    IX ' 
Gk)varnour  had  which  is  40s.  per  day.  folio  91. 

I  mostehumblie  pettition  for  your  Honnours  favor  to  Communicate 
this  to  his  Majestie  and  when  hee  pleasseth  to  Grant  mee  the  said 
for  my  Searvisses  with  a  Commision  for  one  yeare  or  two  to  sarve  as 
Govarnour  in  Bombaim  I  shall  as  my  dewty  is  except  thereof  but 
other  waies  would  bee  as  willingly  Cleared,  the  Charges  being  soe 
great  that  none  cann  live  in  India  as  a  Govarnour  ought  honnorabley 
Under  the  said  pay  at  leaste.  I  shall  esteeme  of  ann  order  that  I 
may  pass  it  to  his  Majesties  Account  for  the  tyme  I  have  searved 
and  other  waies  to  Searve  if  it  be  his  Majesties  pi eassure  I  Continuew. 

I  hope  hee  bee  fully  satisfied  of  my  Loyallty  and  fidelity  seeing 
Sir  Abraham  Shipman  hath  binn  pleassed  to  Impose  soe  Great  a  truste 
to  mee,  which  God  willing  shall  all  punctually  bee  parformed.  I  shall 
nott  further  Troubell  your  Honnour  these  goeing  ovar  land  by  our 
Shiping  shall  more  Inlarge, 

I    Remaine   Evar 

Your  Honnours  most  Humble 
and  Obedient  Sarvant 

HuMFREY  Cooke. 

Angediva  Island  in  Easte  India, 

the  26th  Augoste  1664. 

[  Endorsed.] 
Anchediva  No.  1  :  26  August  64. 

Mr.  H.  Cooke 
The  Govarnours  Letter  to  the 
princepall   Secretary   of  State 
1664/5. 

[The  following  is  inserted  as  a  title  at  the  beginning  of  the 
document.] 

Mr.  Cooks  Letter  to  the  Secretary  of  State  upon  the  Death  of 
Sir  Abraham  Shipman  and  his  Succeeding  in  the  Government. 

The  Worshippfull  Humphrey  Cooke  Comander  in  chiefe  Public  Re- 
of  his  Majesties  Forces  in  East  India  Governour  of  cord  Office, 
Bombay  and  Ange  Deevar,  &c*.  ^-   ^-     ^' 

Captain  James  Barker,  Captain  Robert  Bowen  and  Mr.  Charles  ^°^^°  ^^• 
Higgenson,  Comanders  and  Officers  of  the  Shipps  Royall  Charles, 
London  and  America  at  Anchor  in  the  Roade  of  Carwarr.  Wheras 
I  have  received  severall  Orders  from  the  Kings  Majestie  of  England 
and  the  King  of  Portugall  to  the  Vice  Roy  and  Councell  of  Goa, 
Concerning  the  surrendring  of  the  Island  of  Bombay  ;  It  is  agreed 
and  concluded  by  the  said  Vice  Roy  and  Councell  that  they  are  ready 
to  deliver  upp  the  said  Island  according  to  the  Articles  between  the 
two  Crownes ;   and  hath  given  mee  notice  thereof  to  Embarque  ray 


464  JOURNAL   OF  INDIAN  HISTORY. 

Public  Re-  selfe,  all  other  Officers  and  Soldjers,  to  take  possession  of  the  aforesaid 
S.°"*  Q^^^f' Island  of  Bombay  in  our  Kings  Majesties  behalf e  :  And  to  take  in 
Vol.  ix'^^'^  way,  a  person  at  Goa  to  effect  the  said  delivery.  Wee  having 
folio  98.      '  not  Shipping  here  at  present  sufficient  to  Transport  us,  and  not  knowing 

what    may    happen  herafter,   concerning  the   above    said    premisses 

by  delay. 

I  doe  by  these  require  you,  the  said  Captain  James  Barker, 
Captain  Robert  Bowen  and  Mr.  Charles  Higgenson  Officers  &c.  in  the 
Kings  Majesties  name,  as  you  will  answer  the  contrary  at  your  perrill, 
your  assistance  herin  with  your  Shipps  and  men  to  Transporte  my 
self  and  said  Soldjery,  with  our  Lumber  to  the  said  Island  of  Bombay, 
which  is  in  your  way  to  Surratt,  and  you  shall  have  what  satisfaction 
the  President  Sir  George  Oxinden  shall  thinck  fitt  for  the  said 
Transportation.  In  complyance  herin  you  will  doe  good  service  to 
the  King's  Majestie,  and  on  the  contrary  will  bee  prejudiciall  both  to 
the  Crowne  and  Nation. 

I  desire  answer  to  give  Account  to  his  Majestie  of  my  obedience 
to  his  Comands.     Dated  on  AngeDeeva  the  26th  day  of  November  1664. 

HuMFREY  Cook. 

[  Endorsed.] 

Angediva  No.  3  :  November  26,  1664. 

Mr.  H.  Cooke. 

A  coppy  of  a  Protest  made  on  Ange  Deeva  for  the 
transporting  my  selfe  and  Soldjery  for  the  Island  of 
Bombay  in  November  26th  1664.  To  Captain  Robert 
Bowen,  Captain  James  Barker  and  Mr.  Charles  Higgenson, 
Commanders  of  the  East  India  Companies  Shipps. 

Public     Rc-Hon'ble. 

cord    Office,  j  ^^.j^^  y^^^j.    Honor  overland   of  the  26th   August   1664  therin 

Vol.*  IX '^^"^^s^^  ^^  ^^^  death  of  the  Hon'ble  Sir  Abraham  Shipman  our 
fdio  221.  '  Governor,  of  which  here  inclosed  send  a  Coppy.  The  Chesnut  Pinck 
arrived  at  Ange  Deeva  from  Persia  the  25th  October  1664,  who  brought 
a  Pacquet  from  his  Majestie  via  Aleppo  Dated  26th  November  1663, 
with  a  Letter  inclosed  to  the  Vice  Roy  of  Goa,  Don  Antonio  de  Milo 
de  Castro,  from  the  King  of  Portugal!,  and  second  Orders  from  our 
Kings  Majestie  for  our  receiving  the  Island  of  Bombaim,  att  which, 
on  their  receipt,  I  ordered  the  Chesnut  Pinck  tosaile  for  Goa,  and  sent 
one  with  the  aforesaid  Letters  and  other  papers  necessary  from  my 
selfe  to  the  Vice  Roy,  demanding  in  the  King's  Majestie  my  Masters 
name  the  possession  of  the  said  Island  of  Bombaim  and  all  else  as  was 
agreed  on  by  the  Articles  of  peace  between  the  two  Crownes  :  hee 
received  the  King  of  Portugalls  Letter  with  much  Ceremony,  and 
answered  hee  would  Comply  in  the  surrender  according  to  the  King 
his  Masters  Order,  withall  said  hee  must  have  two  or  three  dales  time 
to  advise  with  his  Councell  :  after  which  the  said  Vice  Roy  demands 
the  Orders  Sir  Abraham  Shipman  had  from  our  Kings  Majestie  to 
Constitute  a  Lieutenant  Governor  and  my  Commission  from  him  :  I 


ANGLO-PORTUGUESE  NEGOTIATIONS.  465 

sent  him  Coppies  of  both  the  said  Sir  Abrahams  Commission  under     Public  Re- 
the  greate  Seale  of  England  and  my  owne,  having  them  authentickly  cord    Office, 
Confirmed  by  witnesses,  and  ordered    them  to  bee  Translated  into  ^     ^-     ^^ 
Portuguees,  and  then  to  present  them  (with  another  Letter  I  writt  Jq^^  221. 
him)  to  the  same  effect  of  my  first,  since  which,  by  the  Companies  Shipp 
London,  I  received  one  from  his  Majestie  to  Sir  Abraham  Shipman 
deceased,  Dated  14th  and  17th  of  March  1663*  with   a  Duplicate  of     *i668/4. 
the  King  of  Portugalls  Letter  to  his  Vice  Roy,  the  which    was   sent 
him  and  delivered.     After  a  Months  debate,  both  hee  and  the  Councell 
at  Goa  concluded  a  surrender  must  bee  made,  and   ordered    papers 
to  bee  drawne  upp  to  that  effect,    all  of  them  signing  for  the  said 
surrender.     The  Vice  Roy  imediately  writt  mee  to  Ange  Deeva  that 
it  was  Concluded  to  make  a  rendition  to  us  soe  desires  that  I  provide 
myselfe  and  Soldjery  to  receive  the  Island  of  Bombaim  in  our   Kings 
Majesties  name  and  that  I  should  goe  to  Goa  for  Orders,  and  that  at 
my  arrivall  hee  would  nominate  two  persons  to  goe  with  mee  to  deliver 
us  possession.     Wee  having  noe  shipps  to  Transporte  our  men   and 
Lumber,    I   dispatched  the  Chesnut  Pinck  to    Surrat  to   Sir   George 
Oxinden,  and  sent  him  a  Coppie  of  the  Agreement  of  the  Vice  Roy 
and  Councell  to  Surrender  us  Bombaim,  and  that  now  wee  onely  wanted 
Shipping  to  Transporte  us  upp. 

Therefore  I  desired  him  in  our  Kings  Majesties  name  to  order 
us  Shipping  for  our  Transporting,  and  that  when  that  could  not  bee 
donne  at  Surrat,  hee  would  please  to  send  his  Orders  to  the  Commanders 
of  the  Compaines  Shipps  then  being  at  Carwarr  lading  Pepper,  that 
they  might  take  the  Soldjery  and  Lumber  in  and  Land  us  at  Bombaim, 
which  was  in  their  way  to  Surrat,  and  would  not  have  bin  15  daies 
hindrance  to  them  ;  herin  I  send  you  a  Coppie  of  the  said  Sir  George 
Oxindens  answer  to  mine,  by  which  you  will  perceive  that  hee  neither 
Orders  us  Shipping,  nor  writes  the  Commanders  of  the  Compaines 
Shipps  to  effect  it,  which  if  hee  had,  t'wouldhave  bin  imediately  donne, 
but  on  the  contrary  quite  discourages  us  for  the  taking  possession  of 
Bombaim  on  sleight  pretences  :  which  when  I  received  imediately 
made  a  protest  or  demand  in  his  Majesties  name  to  all  the  Commanders 
of  the  Compaines  Shipps  to  Transporte  us,  their  answer  (with  the 
Protest)  goeth  here  inclosed,  which  please  to  peruse,  by  which  you 
will  find  what  little  service  the  Compaine  or  Sir  George  Oxinden  doth 
here  for  his  Majesties  affaires. 

I  finding  our  Nation  soe  backward,  and  that  nothing  would 
prevaile  for  our  Transporting,  this  bussines  being  of  soe  greate 
importance,  both  for  his  Majestie  and  Nation,  and  not  to  let  slipp  the 
proffer  of  the  Vice  Roy  and  Councell  of  Goa,  for  feare  of  other 
resolutions  herafter,  although  it  hath  bin  much  to  the  discredit  of  our 
Nation  our  owne  Shipps  not  Transporting  us  :  I  hired  fower  Barkes 
at  Goa  to  effect  it  with  our  Pinck  and  Sloope,  which  carried  all  our 
Soldjery  and  Lumber  ;  the  danger  and  ill  accomodation  hath  bin  much, 
but  rather  then  to  remaine  at  Ange-Deeva  the  men  were  willing  to 
anything.  At  our  arrivall  at  Goa,  before  I  could  get  the  dispatches 
for  the  two  persons  to  bee  nominated  to  goe  with  us  to  make  the 
delivery  passed  a  full  Month,  the  Soldjery  and  my  selfe  lying  aboard 
in  the  hott  Sunn  all  the  time,  which  was  not  a   little   troublesome. 


466  JOURNAL   OF  INDIAN   HISTORY. 

Public  Re-  besides  the  severall  abuses  received  frorn  the  Vice  Roy,  some  of  our 
cord    Office,  Soldjers    that    had    run  away  from  Ange-Deeva  were  taken  by  our 
V     ^*    7x  P^^P^^  ^"  *h^  Road  of  Goa  going  aboard  a  Portugall  Vessell,  and  were 
loUo  221      '  brought  to  mee  aboard  the  Pinck,  the  Captain  of  the  Castle  by  the 
Vice  Roy's  Order  would  have  Commanded  them  ashoare,  which  I 
refused  being  our  Kings  Majesties  Subjects,  upon  which  there  was  a 
greate  broile,  to  advise  the  particulars  would  bee  tedious  :  I  was  forced 
to  deliver  them  that  our  bussines  of  Bombaim  should  not  cease,  the 
which  I  did  to  the  Vice  Roy  himselfe,  with  caution,  that  hee  should 
secure  them  and  see  them  forthcoming  at  demande  whenever  our  Kings 
Majestic  should  require  them,  but  hee  litle  regarded  that,  but  sent 
them  aboard  his  Vessell  that  was  bound  for, Europe,  and  tooke  severall 
other  Englishmen  from  the  East  India  Compaines  Shipps  and  did  the 
like,  which  hath  bin  noe  small  affront  to  our  Nation.     Some    tenn 
daies  after  this  hee  writes  mee,  that  the  persons  were  nominated,  and 
in  a  redines  to  Embarque  for  Bombaim  to  make  the  Rendition,  and 
sends  mee  a  paper  that  containes  severall  Articles  and  Conditions 
made  by  him,  that  I  should  observe  and  signe  after  the  Receipt  of 
the  Island,  which  to  excuse  disputes,  promised  I  would,  and  did,  as 
appeareth  by  said  papers  of  the  Rendition,  for  otherwise  there  would 
have   bin   one  thing  or  other  to  have  excused  the  delivery  while 
further  Orders  from  Europe.     Our  boates  wee  came  in  were  rotten  and 
ready  to  sinck,  soe  could  not  possibly  have  held  out  any  longer,  if  there 
had  bin  made  anie  scruple  or  doubt  in  the  delivery  of  the  Island,  But 
now  I  have  the  possession  shall  observe  noe  more  his  Articles  then 
what  is  Convenient.  Herin  I  remitt  the  papers  of  the  said  Rendition,  by 
which  you  will  see  all  the  particulars  therin,  and  may  perceive  his  will- 
ingnes  to  bee  troublesome,  that  wee  might  not  have  the  surrender ; 
in  regard  hee  nominated  noe  person  that  shall  receive  the  Island  for 
our  Kings  Majestie  but  sait[h]  that  it  shall   bee  delivered  to    the 
Gentlemen  English.     The  persons  that  were  to  make  the  Rendition 
scrupled  at  it,  soe  cost  some  trouble  to  cleare.     Wee  set  saile  from 
Goa  toward  Bombaim  in  the  aforesaid  Boates  the  7th  January  1664 
accompained  with  10  Galliotts,  that  brought  the  Chancelor  of  Goa  and 
the  Viasor  dafazanda,  whome  were  the  persons  appointed  to  make 
the  surrender  of  Bombaim ;  both  were  very  antient  men,  by  the  way 
they  fell  sick,  soe  put  into  Chaule  where  wee  staied  8  daies  for  their 
recovery  :  the  2nd  February  1664  wee  arrived  at  Bombaim,  being 
there  detained  on  board  six  daies  more,  while  the  City  and  Gentrey 
of  Bassin  came  to  bee  present  at  the  delivery  as  witnesses,  the  8th 
February  we  Landed  our  men  in  Armes,  to  receive  the  Island  in  our 
Kings  Majesties  name,  which  was  donne  with  all  the  Ceremony  and 
honor  could  bee,  what  they  deliver'd  was  onely  two  small  Bulworks, 
some  Earth  and  Stones  (the  Ceremony  for  the  Island)  as  appeareth 
by  the  papers  of  the  Rendition.     The  King  of  Portugall  (as  they  say) 
hath  neither  house.  Fort,  Amunition  nor  foote  of  Land  on  it,  onely 
the  aforrowes  or  Rents,  which  is  but  small,  importing  about  7001b. 
yearely.      The  two  Bulworkes   they    delivered    (Donna    Ennes    da 
Miranda  claimes  to  bee  hers)  and  appeareth  soe  with  the  house.     Our 
Kings  Majestie  hath  nothing  more  then  the  Rents  that  the  King  of 
Portugall  had,  with  the  Island  and  Port,  which  being  wholy  unforty- 
fied  will  cost  much  monies  to  make  it  defenceable  by  Sea  and  Land, 
which  must  be  donne  if  his  Majestie  intends  to  make  any  thing  of  it^ 


ANGLO-PORTUGUESE  NEGOTIATIONS.  467 

At  present  I  shall  onely  make  a  Platforme  for  our  security  while  further  Public  Re- 
Orders  from  his  Majestie,  which  with  the  two  Bulworkes  will  hold  cord  Office, 
all  our  Ordnance.  It  will  bee  very  necessary  two  or  three  small  Forts  ^-  ^-  ^' 
more  (with  a  Wall  about  the  Towne)  For  which  shall  want  Guns  and  foUo  221  ' 
Orders,  with  effects  to  accomplish  the  same. 

In  this  Island  was  neither  Government  nor  Justice,  but  all 
cases  of  Law  was  carried  to  Tannay  and  Bassin,  now  it  is  in  his 
Majesties  Jurisdiction  there  must  bee  a  setlement  of  Justice,  according 
to  such  Lawes  as  his  Majestie  shall  think  fitt.  For  the  present  I  have 
nominated  for  the  whole  Island  a  Tannadar,  which  is  a  kind  of  an 
under  Captain  ;  hee  had  the  place  afore  with  300  Serapheems  a  yeare, 
I  am  to  allow  him  as  much,  I  have  likewise  nominated  a  Justice  of 
peace,  to  examine  all  causes  with  a  Bailiffe,  that  matters  being  brought 
to  a  head,  they  may  make  report  to  mee,  to  sentence  as  I  shall  see 
cause,  I  have  likewise  nominated  two  persons  to  take  care  of  Orphants 
Estates,  one  for  the  white  people  and  one  for  the  Black,  as  it  was 
formerly  ;  with  other  Officers  under  them.  I  have  enordered  a  Prison 
to  bee  made  to  keepeall  in  quietness,  obedience  and  subjestion,  these 
people  generally  being  very  litigious.  I  have  alsoe  nominated  two 
Customers,  one  at  Maym  and  another  at  this  place  ;  if  our  monies  will 
reach  shall  build  in  each  place  a  house  for  his  Majesties  Account, 
which  will  bee  very  necessary  to  recover  his  Customes.  In  the  Island 
are  five  Churches,  nine  Townes  and  Villages,  and  upwards  of  20,000 
soules,  as  the  Padres  have  given  mee  an  Account  ;  the  generall 
Language  is  Portugueez,  soe  that  it  will  be  necessary  the  Statutes  and 
Lawes  should  bee  Translated  into  that  Language  :  the  people  most  of 
them  are  very  poore ;  as  yet  wee  have  bin  here  but  a  short  time ;  as 
I  find  occasion  shall  nominate  what  other  Officers  shall  bee  necessary. 
I  intend  as  soone  as  may  bee  to  have  a  generall  Muster,  to  know  what 
Armes  are  in  the  Island,  and  by  the  next  opportunity  give  you  an 
Account  therof. 

This  Island  yeildeth  at  present  nothing  but  a  greate  quantity  of 
Coco  Nutts  and  Rice  with  other  necessary  provissions.  The  Jesiuts 
are  much  troubled  at  our  being  here,  and  strives  aU  may  bee  to  make 
us  odious  to  the  people,  and  hath  already  attempted  to  take  Orphants 
off  this  Island,  of  the  Gentues,  Moores  and  Banians,  to  force  them  to 
bee  Christians  which  if  should  bee  suffered  wee  shall  never  make  any 
thing  of  this  place,  for  the  liberty  of  Conscience  makes  all  the 
aforenamed  desirous  to  live  amongst  us.  I  shall  doe  all  may  bee  to 
give  them  encorougement,  as  his  Majestie  Commands  in  his  Instruc- 
tions. They  desire  to  have  Churches,  but  for  the  present  I  have  not 
granted  it,  neither  shall  till  I  have  further  Orders  for  it.  If  I  should 
the  Portugalls  will  strange  *  in  regard  they  looke  on  it  as  a  scandall  to  »  r  -i 
their  Church,  for  the  present  I  have  ordered  they  use  their  Ceremonies  * 

in  their  houses  privately,  but  are  not  to  give  scandaU  to  any.  It  will 
bee  requisite  that  Orders  bee  sent  what  shall  bee  donne  in  this 
particular,  finding  how  necessary  it  is  to  Fortyfy  this  place  (according 
to  his  Majesties  Comands)  our  monies  being  short  to  effect  it,  I  writt 
to  Sir  George  Oxinden  to  know  his  resolution  whether  hee  will  supply 
us  or  not,  with  monies  to  compleate  the  said  Fortiffication,  his  answer 
herin  I  remit,  that  his  Majestie  may  see  how  unwilling  they  are  to 
doe  any  good  Office  for  his  affaires,  notwithstanding  the  East  India 


468  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-  Company  at  home  certifyeth  him  that  they  have  enordered  their 

cord    Office,  President  to  supply  us  with  all  things  that  shall  bee  necessary  ;  which 

Vol      I  x'  ^^^  George  Oxinden  takes  noe  notice  off  at  all,  but   on  the    contrary 

folio  221.       is    troubled  wee   are  setled  here,  saying  theire  Trade  is  now    lost. 

According  to  his  Majesties  Comands,  I  have  administred  the  Oath 

of  Allegiance  to  all  our  owne  people  and  some  of  the   Inhabitants, 

herafter  I  shall  tender  it  to  all  the  rest   that   are  of  a   Capacity  to 

receive  it,  as  yet  have  not  found  any  deny  to  take  it. 

This  Island  lyeth  excelent  well  seated  for  Trade,  both  for  the 
South  Seas,  Red  Seas,  Gulph  of  Persia,  Coast  of  Mallabarr,  Cormondell, 
Bay  of  Bangaule,  Pegu  and  other  places ;  tis  a  very  wholsome  aire 
and  pleasant,  its  some  8  Miles  in  length,  and  five  Miles  and  a  halfe 
broad,  severall  Merchants  begins  to  Flock  hither  already  from  all  parts, 
soe  that  I  question  not,  but  in  a  short  tyme  it  may  bee  as  beneficiall  to 
our  Kings  Majestic  as  Battavia  is  now  to  the  Dutch,  it  will  cost  monies 
to  fortyfy  it  as  it  ought,  but  in  a  short  time  noe  question  it  will  repay 
its  charges  with  proffit.  Herein  I  remitt  you  a  Coppy  of  the  King  of 
Portugalls  Patent  given  for  part  of  the  Customes  of  Maym,  a  Towne 
and  Port  in  this  Island,  for  soe  many  lives  as  appeares  in  it,  they 
paying  onely  240  seraph  eens  rent  to  the  King  for  the  Customes,  which 
is  but  small  in  Consideration  of  what  that  Port  rents.  I  shall  desire 
to  know  whether  the  Patent  is  to  stand  in  force  now  the  Island  belongs 
to  our  Kings  Majestic,  here  are  severall  that  holds  Lands  and  other 
rents  for  lives  on  the  same  Terms,  therefore  it  will  bee  necessary  to 
know  his  Majesties  pleasure  herin.  Since  I  had  the  possession  of  this 
Island  I  have  writt  to  the  Vice  Roy  at  Goa,  demanding  in  his  Majesties 
name  all  the  Rents  that  hath  bin  due  to  him  since  the  arrivall  of  his 
Fleete  here,  with  my  Lord  of  Marlebrough,  which  was  in  September 
1662,  the  said  Vice  Roy  then  constituting  himself e  Governor  of  this 
Island  for  our  Kings  Majestic,  soe  noe  question  but  he  received  the 
Rents  to  his  use,  what  his  answer  will  bee  know  not,  but  hope  his 
Majestic  will  demand  it  of  the  King  of  Portugall  in  case  hee  gives  not 
satisfaction  here,  which  is  to  bee  feared. 

For  the  advancement  of  this  Port  it  will  bee  necessary  to 
procure  from  the  Court  of  Portugall  the  priviledge  of  Navigating  in 
that  Kings  currents  and  streames  here,  freely  and  without  any  manner 
of  impediment,  for  all  Boates  and  Vossells  whatsoever  that  shall  bee 
bound  to  this  Island  with  Merchandize  belonging  to  either  English, 
Moores,  Persians  or  Banian  Merchants,  from  and  to  two  places  lying 
beyond  Tannay  upon  the  Terra  firme  in  the  Mogolls  Dominions, 
the  one  called  Cullian  and  the  other  Buimdy,  where  (if  ever  this  bee 
made  a  good  Port)  all  goods  of  Indostan  growth  and  make,  as  well 
as  those  of  Decan,  Gulcondan  and  the  Coast  of  Cormondell,  must 
necessarily  bee  brought,  which  will  make  them  cheaper  by  15  or  20 
Cent  then  those  that  are  carried  to  Surrat,  in  regard  of  the  great 
distance  from  it  and  vecinity  to  the  two  prementioned  places.  And 
wheras  those  goods,  brought  to  the  aforesaid  Townes,  must  there  bee 
Shipped  off  and  pass  downe  the  River  by  Tannay,  in  all  probability 
(if  provision  bee  not  made  to  prevent  the  same)  the  King  of  Portugalls 
ministers  there  may  lay  imposition  upon  and  take  Custome  for  them, 
as  the  King  of  Denmarke  doth  in  the  Sound  at  Elsenore.  And  for 
the  making  this  Port  more  Flourishing,  Orders  from  his  Majestic  will 


ANGLO-PORTUGUESE  NEGOTIATIONS.  469 

alsoe  bee  necessary  for  the  building  six  Briganteens  or  Galliots  for  ^"^^^^^.f,?^ 
keeping  the  Coast  heraboutes  free  from  Mallabarrs,  who  doe  very  r°^*^o  77* 
much  infest  the  same  to  the  greate  detriment  of  Trade.  Vol-     1  x'. 

Herin  I  remit  a  generall  Muster  of  all  persons  that  are  actually 
in  his  Majesties  service  on  this  Island,  taken  by  Mr,  Henry  Gary,  who 
is  the  person  Sir  George  Oxinden,  Knight,  enordered  to  doe  it  (as  his 
Majestic  Comands),  by  which  you  may  perceave  our  weake  Condition 
to  defend  our  selves  and  keepe  these  Islanders  in  obedience,  out  of 
which  am  forced  to  send  20  men  to  Maym  to  remaine  there  to  keepe 
them  under  likewise,  his  Majestic  will  plainely  see,  how  necessary  it 
will  bee  a  good  recruit  both  of  Ofi&cers  and  Soldjers,  which,  to  save 
his  monies,  I  have  not  made  any,  soe  that  my  care  hath  bin  the  more 
in  officiating  my  selfe  all  the  Officers  places  that  are  wanting ;  which 
service  I  doubt  not  but  his  Majestic  will  please  to  consider. 

Herin  I  send  his    Majestic    an  Account    of  all   pay  and   other 
disbursements  since  Sir  Abraham   Shipman,    deceased,    entred    the 
service,  and  myself e,  which  is  from  February  1661  to  the  3rd  December, 
1664,  by  which  hee  may  please  to  perceave  what   greate  husbands 
said  Sir  Abraham  and  myselfe  have  bin  in  saving  his  Majesties   monies 
by  not  making  Officers  as  they  died,  and  in  laying  it  out  for  other 
things  necessary,  as  Account ;  which  if  had  not  donne,  his  said  monies 
would  not  have  held  out  neare  soe  long  ;  by  the  said  Account  you 
may  perceave  the  Monthly  pay  according  to  the  Muster  Rolls,  which 
remaines  in   my  Custody.     I  assure  you  they  have  bin    duely  and 
exactly  taken  every  Month,  as  his  Majestic  hath  Comanded,  by  the 
declining  of  the  said   Rolls,  its  plainely  scene  how  our  men  died 
Monthly.     The  six  Months  they  were  at  Sea  on  the  Voyage  could  noe 
Muster  bee  taken,  the  Shipps  being  seperated  nor  upwards  of  three 
Months  they  were  at  Surrat,  the  Governor  there  not  permitting  them 
to  Land  with  Armes  or  Drum,  this  my  Lord  Marlebrough  knowes  to 
bee  true,  soe  doubt  not  but  hee  hath  acquainted  his  Majestic  therof  ; 
besides  Sir  Abraham  Shipman  was  that  tyme  at  Goa  and  Busseene, 
following  the  demand  with    the    Vice    Roy    and    Councell    for    the 
possession  of  Bombaim,  soe  could  not  bee  donne.     Our  first  Muster 
after  wee  came  out  of  England  was  taken  on  the  Island  of  Ange  Deeva 
the  30th  day  of  January  1662,  and  hath  continued  on  exactly  every 
Month  since  as  per  the  Rolls  and  the  Account  appeareth  in  the  said 
Account.     Sir  Abraham  Shipman  charges  every  private  Soldjer  3d. 
per  day  for  the  six  Months  they  were  aboard  Shipp,  the  other  sixpence 
being  discounted  for  his  Majestic  for  their  Victualls,  and  is  not  charged 
in  this  Account,  the  3d.  is  for  Clothes,  Shirts,  Stockings  and  Shoes  to 
every  one  as  it  was  ordered  in  England  by  his  Majestic  to  bee  given 
aboard  Shipp,  the  which  was  observed,  soe  that  what    Soldjer   died 
aboard,  their  3d.  per  day  would  not  pay  for  their  Clothes  they  received, 
which  loss  Sir  Abraham  Shipman  sustaines. 

The  Carriadges  wee  brought  out  for  our  Ordnance,  and  those 
wee  received  from  his  Majesties  Shipps  in  India,  are  all  rotten  and 
eaten  with  the  Wormes,  and  fitt  for  nothing  but  Firing,  as  by  the 
Certifficate  which  herin  remit  for  satisfaction.  I  have  bin  forced  to 
make  and  buy  all  new  ones,  which  otherwise  our  Guns  would  have 
stood  us  in  little  stead,  they  then  lying  on  the  ground  at  Ange  Deeva, 

G 


470  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re- 1  doubt   not  but   Sir   Abraham   Shipman  gave  his  Majestie  a  large 

cord    cffice.  Account  in  his  life  of  all  things  else  wanting,  therefore  I  shall  not 

C.    O.     77,  trouble  your  honor  further,  referring  to  what  hee  writt  from  Ange 

7y  ^'22/  ^'  ^66"^^  ^y  t^^  Shipp  Loyall  Merchant  the  last  yeare.     I  hope  when  his 

Majestie  seeth  our  sad  Condition,  he  will  please  to  Comand  wee  have 

Succour  sent  us  in  September  next  1665,  as  well  Commision   Officers 

and  Soldjers  and  all  else  that  is  wanting  :  for  otherwise  it  will  bee 

impossible  to  keepe  this  Island  if  wee  should  sustaine  any  tollerable 

loss  these  next  Raines  or  any  Enemie  attempt  to  beate  us  off  ;  herin 

I  send  an  Account  of  all  his  Majesties  stores,  as  well  what  is  spent  as 

what  remaines  in  being,  by  it  they  may  governe  what  to  send  of  each 

for  a  Recruit e.     On  Ange  Deeva  Island  was  much  lost  and  spoild, 

which  could  not  bee  remedied,  the  Island  being  very  moist  and  lodges 

as  bad  :  besides  the  loss  by  Transporting  too  and  againe. 

According  to  his  Majesties  Orders  Sir  George  Oxinden  with  much 
adoe  hath  paid  some  parte  of  the  14,550  peeces  of  8  which  his  Majestie 
enordered  us  for  a  recruit  the  last  yeare  ;  hee  promissed  the  remainder, 
when  hee  doth  I  shall  give  a  receipt  for  the  whole.  I  perceave  his 
Majestie  is  to  pay  after  the  rate  of  5s.  Qd,  per  each  dollar^  here  they  goe 
in  payment  to  the  Soldjery  for  noe  more  then  4s.  9^.  a  peece,  and  will 
not  pass  in  the  Country  for  more  then  4s.  Qd.  each.  To  raise  them  to 
the  Soldjery  in  payment  cannot  bee,  without  particular  Order  from 
his  Majestie,  and  if  hee  should  doe  that,  at  5s.  Qd.  each  Dollar  they 
were  not  able  to  live  on  their  pay,  Sir  Abraham  Shipman  never  paid 
the  same  Dollars  at  more  then  4s.  9^.  a  peece,  and  the  Portugall 
Crusadoes  at  4s.  a  peece,  for  mee  to  innovate  and  raise  the  price 
would  cause  Mutiny,  and  would  not  bee  received  at  more  then  afore- 
said. I  see  his  Majestie  will  bee  a  greate  looser  by  it,  but  it  cannot 
bee  remedied.  The  14550  peeces  of  8  computed  to  bee  4000/.  at  home, 
will  not  make  here  more  then  3455/.  12s.  6^.  according  as  I  pay  them 
to  the  Soldjery.  I  can  assure  you  they  loose  3d.  in  each  Dollar  at 
the  rate  of  4s.  9d.  as  they  receave  them,  however  when  his  Majestie 
Comands  to  the  Contrary,  it  must  be  observed. 

The  bearer  herof  is  Ensigne  John  Thorne,  whome  I  send  on 
purpose  overland  with  this  Pacquet  to  give  advice  to  his  Majestie 
of  the  possession  of  this  Island,  knowing  how  desirous  hee  may  be 
to  have  the  newes  therof  ;  the  said  party  hath  bin  an  eye  witnes  of  all 
passages  here,  ever  since  wee  came  out  of  England,  being  alwaies  in 
his  Majesties  service,  so  can  verbally  relate  all  our  miseries  and  troubles 
past.  Hee  is  Sir  Abraham  Shipmans  Kinsman,  I  doubt  but  his 
Majestie  will  please  to  take  Cognizance  of  his  paines,  care  and  services 
donne  him  as  well  here,  as  undertaking  this  Journey  overland.  Since 
the  dispatch  of  the  Shipps  from  Surrat,  hath  come  hither  several! 
Englishmen  to  bee  entertain'd  in  his  Majesties  service,  and  in  regard 
the  generall  Muster  is  already  taken  and  sign'd  I  have  bin  cautious  to 
entertaine  any,  while  I  have  further  orders  from  his  Majestie  for  it, 
but  our  necessity  being  soe  greate  for  want  of  Soldjers,  I  have 
ventured  to  entertaine  some  this  day,  and  shall  herafter  list  40  or  50 
men  if  can  procure  them,  I  hope  his  Majestie  will  not  scruple  their  pay, 
they  being  to  augment  our  force  and  for  our  better  security  here.  I 
hazard  these  to  Surratt,  in  hopes  to  find  the  Compaines  Shipps  there, 
to  goe  by  that  conveyance  by  Sea,  herin  goeth  a  Pacquet  directed  to 
the  Portugall  Ambassador  from  his  Chancelor  Major  here,  who  was 


ANGLO-PORTUGUESE  NEGOTIATIONS.  471 

the  person  that  delivered  us  the  possession  of  this  Island,  and  was  Public  Re- 
very  Instrumental!  thereunto,  hee  having  put  a  period  to  all  scruples  ^°^*^  q^®^' 
and  doubts,  desires  it  may  safely  bee  delivered.  Vol.'  I  x' 

I     had     almost    through    hast    and    multiplicity   of  bussines,  folio  221. 
omitted  to  acquaint  your  honor  that  our  Minister  being  dead,  wee  are 
in  great  want  of  an  Orthodox  Divine.     Soe  remaine  ever 

Your  honnors  most  humble  and  obedient 
servant  at  Command, 

Island  Bombaim  Sd  March  1664/5.  Humfrey  Cooke. 

HONOBLE,  ^^o*"^^' 

The  Inclosed,  is  Coppy  of  what  I  formerly  wrott  you  over  land  ;  q°q  77  y^J 
since  when  by  his  Majestys  second  Orders  after  much  troubles  and  ix  folio.  217 
many  delayes,  I  have  received  the  possession  of  this  Port  and  Island 
of  Bombaim  which  was  delivered  me  in  his  Majesty's  name  the  8th 
february  past  1664/5.  It  is  a  very  pleasant  place  and  a  good  ayre, 
yeldeth  great e  quantity  of  Coconuts  and  rice  ;  His  Majesty's  rents 
at  present  imports  little  more  or  lesse  700  U.  per  annum  ;  as  trade  and 
commerce  encreaseth  so  will  his  revenue,  It  is  cituated  very  convenient 
for  trade  and  commerce  for  all  parts,  as  South  seas,  redd  seas,  Gulph 
of  Persia,  Coast  of  Malabar,  Chormandell,  Bay  of  Bengala,  Pegu  and 
other  places ;  It  is  some  eight  miles  in  length,  and  five  and  a  halfe 
broad,  in  it  are  five  Churches,  nine  townes  and  villages,  and  uppwards 
of  20000  Soules  as  by  the  Churches  information  ;  the  generall  lang- 
wage  is  Portugueze  ;  Banians,  Mahometans,  and  gentills  about  the 
mayne  and  neighbouring  Islands  begins  to  flock  hither  to  reside,  so 
that  in  few  yeares  I  question  not  but  that  it  may  bee  as  benneficiall 
unto  the  King  his  Majesty  as  Batavia  is  now  to  the  Hollander.  At 
the  first,  his  Majesty  must  expect  to  bee  out  of  monys  for  Fortifications, 
it  beeing  at  present  not  alltogeather  deffensible  ;  Shipping  wiU  bee 
also  very  necessary  to  incourage  merchants  to  trade  for  all  parts,  which 
will  much  advance  our  Kings  revenues  and  custumes  ;  I  have  given 
a  very  large  relation  of  all  unto  his  Majesty  by  these  conveyances 
boath  by  sea  and  land  which  latter  I  send  on  purpose  for  inteligence 
unto  him  in  regard  the  shipps  bound  for  Europe  from  Suratt  at 
this  seasone  will  bee  forced  to  make  a  winter  voyage,  so  that  in  all 
probabillity  the  messe  may  arrive  some  monthes  before  them  into 
England,  when  I  doubt  not  but  Mr.  Secretary  will  communicate  unto 
your  Honour  the  needfull. 

I  have  sent  his  Majesty  a  list  of  a  generall  muster,  as  also  an 
account  of  all  pay  and  disbursments  since  Sir  Abraham  Shipman,  and 
myself e  entred  the  service,  untyll  the  3d  of  December  1664,  which  I 
hope  will  give  satisfaction  ; 

I  have  received  your  letter  directed   to   Sir  Abraham  Shipman, 
dated  the  8th  March,  and  have  taken  notice  of  its  contents ;  I  rest  ever 
Your  Honors  most  humble  and  obedient  servant. 

Island  of  Bombaim  Humfrey  Cooke. 

the  3rd  March,  1664/5. 

[  Endorsed.  ] 

Bombaim, 

H.  Cooke  from  Bombaim, 
3rd  of  March  64. 


472  JOURNAL   OF  INDIAN  HISTORY. 

Public     Re.  Since    the    finishing    and  firming  of  the  preceding,  the  Vicar  of 

cord  Office,  Parela,  Padre  Antonio  Barboza  (a  Jesuit)  presented  mee  with  the 
Yqj  j  ^'  paper  which  is  herewith  sent  for  your  perusall,  by  which  hee  endea- 
folio  217.  '  vours  to  make  appeare  that  2000  Sherapheens  out  of  the  Kings  rents 
at  Maim,  which  comes  but  to  26  Sherapheens  more  per  annum,  were 
given  to  their  Company  by  the  King  of  Spaine,  Don  Phillipp  (then 
Lord  also  of  Portugall),  and  confirmed  unto  them  by  the  Vice  Roys 
of  India.  But  it  seeming  unto  mee  a  thing  most  unreasonable  that  they 
should  take  away  all  the  benefitts  of  the  rents  of  the  said  Maim, 
and  his  Majestic  nothing  at !  all  (hee  being  at  soe  vast  a  charge  in 
mainteyning  this  Garrison)  which  is  for  the  security  of  this  Island, 
and  consequently  of  the  Lands  and  livings  which  these  people  enjoyeth 
I  shall  therefore  secure  the  said  2000  Sherapheens  by  having  it 
deposited  untill  his  Majesties  further  Order,  as  I  shall  proceed  in  the 
same  manner  with  him  that  hath  the  Patent  for  the  Customes  of  3| 
per  cent  at  Maim,  conceiving  that  now  our  Kings  Majestic  is  absolute 
King  and  Lord  of  this  Island,  and  the  King  of  Portugalls  Dominion 
and  Governement  ceasing,  all  Merces  as  Donatives  of  the  like  nature 
ceaseth,  alsoe  with  his  Government  many  more  such  like  matters  I 
suppose  may  present  themselves  herafter,  of  all  which  I  shall  take 
such  care  as  his  Majesties  interrest  shall  not  in  the  least  bee  prejudiced: 
But  being  newly  arrived  and  entred  into  this  Government  and  these 
Christians  that  had  Offices  in  it  being  most  unwilling  to  discover  unto 
mee  the  trueth  of  things,  it  is  impossible  to  bee  acquainted  as  yet  of 
that  which  time  will  make  manifest.  When  that  I  had  proceeded  thus 
far  I  was  informed  of  a  business  of  importance  which  is  that  the 
Bandarins  of  this  Island,  a  sort  of  people  who  gaine  a  lively  hood  by 
drawing  of  Tody  a  liquor  distilling  from  the  Coco-Nut-tree  paid 
formerly  unto  the  Foreirors  Mayores  or  Senhorios  of  the  Severall 
Cossabeys  or  Townes  a  duty  called  Coito,  that  is  for  the  knife  where- 
with they  prune  their  trees,  amounting  unto  about  700  or  &)Oli.  per 
Annum,  which  falls  now  to  his  Majestic,  which  together  with  what 
more  may  bee  discovered  and  collected  of  his  Majesties  Rents, 
importing  at  present  (which  as  yet  is  come  to  my  knowledge)  incirca 
to  1500/».  per  Annum,  it  will  bee  a  helpe  towards  the  payment  and 
mainteynance  of  this  his  Garrison. 


I  have  at  last  ( after  much  enquiry  made )  obtained  a  coppy  of 
the  Forall  of  the  Mandowin  or  Registring-house  (a  kind  of  a  Custome 
house)  of  Maim,  which  I  herewith  send  alsoe  for  your  perusall,  by  the 
same  you  will  discover  how  far  the  Limits  of  the  said  Mandowin 
reaches,  and  what  places  are  subordinate  and  paies  duties  unto  it  as 
ia  folio  4  and  Sections  54  and  55  of  the  said  Forall  appeares. 


Whilst  I  shall  receive  further  Orders  from  his  Majestic  for  the 
encouragement  of  Merchants  to  come  to  habit  and  have  commerce 
in  this  Port,  I  have  imposed  4|  per  centum  custome  uppon  all 
Merchandize  to  bee  imported  or  exported  (vizt)  3  per  centum  to  bee 
added  to  his  Majesties  Cash,  and  1^  per  cent  towards  the  defraying 
of  the  charges  of  Custome  house  Officers  but  at  Maim  the  duties  that 


ANGLO-PORTUGUESE  NEGOTIATIONS.  473 

heretofore  were  paid  to  that  Mandowin  are  (vizt)  3|  per  centum  which  ^j^'^^q^* 
goes  to  Francisco  Murzelo  Coutinho  aforementioned  2  per  centum  c     o.     77* 
called  consulado,  1  per  centum  imposition  besides  some  other  petty  Vol.      IX, 
duties,    wherof  a   just    Account   is  kept    in  a  Booke  apart   by  thefoUo  221. 
Customer.     This  being  all  at  present  I  have  to  advise,  desiring  your 
honor  to    communicate   to   his   Majestic   the    particulars    herin,    I 
subscribe  as  afore. 

Your  Honors  ever  obedient  humble  servant 
at  all  Commands, 

HuMFREY  Cooke. 

Island   of    Bombaim, 
the  I5ih  March,  1664/5. 

P.S. — Both  by  this,  as  likewise  by  an  Overland  conveyance  the 
3d.  currant  I  wrote  your  honor  giving  you  therin  an  Account  of  the 
Rendition  of  this  Island,  and  of  what  else  offered  needfull  Intelli- 
gence, to  which  referr  you. 

These  at  present  ^re  onely  to  certify.  That  Sir  Oxinden  hath 
paid  mee  on  Account  of  the  Bill  [of]  Exchange  which  Alderman  Back- 
well  gave  his  Majestic  for  a  recruite  to  his  Forces  in  these  parts,  value 
14550  peeces  f  the  following  sums  (vizt)  4000  peeces  |  at  4s.  9d.  per 
peece  is  Sterling  950li.  and  21,625  Rupees  and  12  pice,  which  in 
•pa.yment  to  the  Soldjery  will  not  goe  for  more  then  2s.  3d.  per  diem 
each  is  2432/t.  16s.  3d.,  together  amounting  unto  33  or  2U.  16s.  3d., 
which  if  hee  had  paid  in  the  prementioned  14550  peeces  |  according 
to  the  bill  of  Exchange  at  4s.  9d.  per  peece,  as  I  pay  them  to  the 
Soldjery, 't  would  have  amounted  unto  3455/t.  12s.  Qd.,  soethat  there 
is  lost  by  the  Rupees  by  not  sending  peeces  f  72li.  16s.  3d.,  which 
Alderman  Backwell  must  discount  out  of  what  his  Majestie  is  to  make 
him  good  for  the  whole  14550  peeces  |.  I  make  his  Majestie  good  in 
Account  33  or  2li.  16s.  3d.  which  is  what  I  have  received  and  am  to 
pay  it  at  the  rates  above  specified  and  noe  more. 

I  am  just  now  informed,  that  not  onely  the  Jesuits  but  divers 
more  that  belong  to  this  Island,  have  writt  to  their  correspondents  in 
England,  to  make  friends  to  his  Majesty  to  confirme  their  old  Pattents, 
as  alsoe  the  coito  before  mentioned.  Taverns  and  Shopps,  with  other 
more  exacting  Tributes,  not  well  look't  upon  by  Tradsmen,  especially 
the  latter  ;  which  if  hee  grants,  hee  will  not  have  any  considerable 
matter  left,  towards  the  defraying  of  this  vast  charge  hee  is  at  of 
mainteyning  this  his  Garrison  and  thus  much  I  thought  it  necessary 
to  make  this  airze  that  your  honor  might  acquaint  his  Majesty 
accordingly,  soe  remaine 

Your  honors  most  humble 

and  obedient  servant, 

HuMFREY  Cooke. 


474  JOURNAL  OF  INDIAN  HISTORY. 

[Endorsed.] 


Public  Re- 
cord Ofl&ce. 
C.    o.     77.  Bombaim. 

Vol.  IX, 
folio  221. 


The  Governor   of  Bombaim  letter  unto   the   Principall 
Secretary  of  State  3  March,  64/5. 

Mr.    Humfrey    Cooke,    Governor  of  the  said  Island,  3. 
March  64  sends  Ensigne  Thorne  by  land,  to  his  Majesty.     To 
signify  their  sad  Condition  at  Anchidiva  in   1662   till   the 
possession  had  of  Bombaim  8th    February,    1664.      The 
Aversenesse  and  ill  will  of  Sir  George  Oxinden    to    that 
Designe,  as  jealous  it  would  hinder  Trade  at  Surat  that 
they  lost  72li.hy  the  money  Sir  George  transmitted  to  them. 
That  the  Portugese  would  perswade  him  that  2  Forts  belong 
to  Donna  Miranda  :  the  Rents  of  Maim  and  the  port  to  the 
Jesuites  by  letters  patents  ;  and  others  have  like  clayme  to 
the  Customes  ;  soe  that  his  Majestys  revenue  (thus)  is  not 
above  700li.  a  yeare.     However,  he  secures  the  whole  till 
his  Majesties  order  ;  which  he  prayes,  as  alsoe  officers    and 
more  Soldiers ;  and    a    chaplaine ;    and    rules    of    civill 
Government  in  the  language  of  the  place  (which  is    Portu- 
gese), money  for  the  Fortification  of  the  Island  and  port, 
to  build  3  Forts,  wall  the  Towne  ;  (and  more  great  Guns) 
and  to  build  a  Custome-House  there,  and  at  Maim.     The 
Island    rarely   seated    for    Commerce :     good    ayre  :    the 
Island  is  8  miles  long  5  and  a  halfe,  broad  ;  hath  5  churches; 
9  villages  :  20°^  [thousand]  people  in  it  :  but  poore  :  yeilds 
little  but    Rice  and   Coco's.     Permits  not    the     Jesuites 
now  to  take  and  educate  the  children  :  allowes  liberty  of 
Religion  to   Heathens  and  Mahumetans  in    their     Owne 
Houses  (which  invites  them  thither)  prayes  6  small    ships 
to  guard  them  against  the  pyrate-Malabars  ;  and  to  passe 
the  Portugese  castles  in  the  Straits  of  Tannay  and  Buindy, 
custome  free  ;  (and  soe,  they  may  undersell  Surat  20  per 
Cent  :  and  soonn  be  as  considerable  to  the  King  as  Batavia 
is  to  the  Hollanders)  Hath  done  the  duty  of  all  officers, 
but  made  none,  (to  ease  his  Majesty  of  the  charge)  Sends 
Accounts  of   disbursements    from   1661    to    December   64 
and  of  Stores  spent  and  left.     Hath  made  new  Carriages 
for  the  Guns.     Hath  listed  40  or  50  men,  for  feare  of  the 
Raines  and  of  Surprise.     The  King  allowes  Sir  G.  Oxinden 
5s.  6d.  a  Dollar  and  hee  payes  the  soldier  at  4s.  9d.  (in  the 
Island  they  goe  but  4s.  6d.).     He  hath  discover'd  a  Taxe 
impos'd  by  the  Portugese  call'd  Coito  ;  that  is,  on    the 
knife,  us'd  about  Coco-Trees  (which  they  doe  tap  for  Toddy) 
which  (with  the  former)  will  make  a  Revenue  of  1500/^.  a 
yeare.     Sends  a  Transcript  (in  Portugese)  of  the  Custome 
Booke  at  Maim.    Hath  (till  further  order)  laid  4  per    Cent, 
on  all  Goods  exported  or  imported  (1  and  |    is    for    the 
Officers  that  attend  the  Customes).  All  his  soldiers  have 
taken  the  oath  of    Allegiance    and    many    alsoe    of    the 
Inhabitants  ;  noe  one  hath  as  yet  scrupled  it. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  475 

To 

[  Inserted  in  top  margin  in  another  hand  : — ]  ^^^^    Office 

Mr.  Cook's  letter  to   the  Earl  of  Arlington  touching  the  c.     O.     77,' 
Protest    made    by    the    Portuguese's    Vice    Roy    upon  Vol.    IX, 
Mr.  Cook's  taking  Possession  of  Mahim.     The  Arrears  of    ^^^140^' 
Rent  due  before  the  taking   Possession  of  Bombaim  and 
other  matters  relating  to  that  Island. 

Right  Honoble. 

I  writt  your  Lordshipp  overland  by  Ensigne  John  Thorne,  and 
by  the  Companys  Shipps  that  went  from  Surat  the  London 
Commaunder  Robert  Bo  wen  in  February  1664,  therein  I  give  a  large 
relation  of  our  having  possession  of  this  Island  for  our  Kings  Majesty, 
and  all  else  what  then  offered,  one  or  boath  of  which  I  hope  by  this 
may  bee  arrived  with  you,  that  you  may  the  better  know  our  wants 
and  necessity  wee  are  in.  These  are  to  continue  what  since  hath 
offered. 

The  Vizorey  Antonio  de  Mello  de  Castro  hath  enordered  his^°^*"8^®*® 
Captain  generall,  Ignacio  Sarmento  de  Carvalho  which  resides  in  these 
parts  of  the  North  to  make  a  Protest  against  me;  for  taking  (as  they 
pretend)  the  Island  of  Maim,  saying  it  belongs  to  the  Juresdiction  of 
Bagaim  and  so  consequently  appertaines  to  the  Crowne  of  Portugall, 
with  many  other  very  frivolous  fals  things,  (as  you  may  please  to 
perceive  by  the  Coppy  of  the  said  Protest  and  my  contra  Protest  to  it  ;) 
They  would  have  Maim  and  Bombaim  to  bee  two  severall  Islands, 
but  cannot  well  make  it  out,  I  never  tooke  Boate  to  pass  our  men 
when  I  tooke  the  Possession  of  it,  and  at  all  times  you  may  goe  from 
one  place  to  the  other  dry  shod;  I  cannot  imagine  how  they  cann  make 
them  two  Islands  ;  Maim  is  the  best  part  of  this  Island  and  they  thinke 
it  to  good  for  our  Kings  Majesty,  but  befor  they  have  it  againe  (except 
his  Majesty  please  to  enorder  it  to  them)  it  shall  bee  long  enough  by 
my  consent  ;  they  since  begin  to  bee  sensible  of  theyr  errors,  and  are 
very  quiet,  I  thinke  they  thought  to  have  frighted  us  out  of  what  was 
his  Majestys  due  with  theyre  greate  words  and  threatnings,  but  seeing 
it  doeth  not  prevaile,  they  find  it  theyr  best  way  to  bee  quiet. 

I  have  writt  the  Vizorey  Antonio  de  Mello  de  Castro,  demaund-  ^^^^r  °* 
ing  in  our  Kings  Majestys  name  all  what  rents  hee  had  recovered    in  the      taking 
this  Island  from  the  time  my  Lord  of  Marlebourgh  arrived,  to  the  day  Possession  of 
wee  tooke  the  possession  ;  hee  answered  me  that  what  hee  had  received,  t^e  island, 
hee   spent    in  keepeing   Garison  in  the   said    Island  for    our   Kings 
Majesty;  I  demaunded,  what  orders  hee  had  for  that,  our  Kings  Majesty 
having  a  Governor  and  souldjery  of  his  owne  for  the  said  purpose  ? 
On  this  I  have  had  severall  letters  to  and  againe,  but  I  cann  gett  no 
monys. 

According  to  his  Majestys  command  I  have  made  a  Protest  to  him, 
the  Coppy  of  which  goeth  heere  enclosed,  it  was  delivered  by  Mr.  Robert 
Masters  a  Factor  for  the  Company  at  Carwar,  whom  writes  that  he 
hath  waited  one  whole  month,  and  as  yett  cannot  obtaine  an  answere ; 
and  concluds  hee  will  give  now,  as  appeares  by  the  secretary  of  state 
of  Goas  note  which  I  heerein  remitt. 


476  JOURNAL  OF  INDIAN  HISTORY. 

Public  Re-  The  Portugalls  on  the  Maine  and  Neighbouring  places  in  these 
a)rd  Office,  pa^j.^g  gQ^ie  have  lands  on  this  Island,  and  many  Inhabitants  heere, 
Vol .  I  X  '  ^ave  lands  there,  so  that  I  have  been  forced  (to  excuse  a  confusion) 
folio  308,  to  settle  the  Civill  law  among  them  in  this  Island,  the  which  hath 
No.  142.  hugely  pleased  boath  partys  ;  among  our  selves  is  marshall  law,  and 
for  religion,  liberty  of  Conscience  is  given  to  all. 

This  Island  is  hither  to  but  a  meere  Fishing  place,  and  as  yett 
no  merchant  of  quallity  nor  any  else  is  come  to  settle  heere,  nor  will 
not,  while  [until]  a  trade  begins,  which  must  bee  done  by  his  Majestys 
,  enordering  all  the  Companys  shipps  to  lade  and  unlade  heere,  and 

the  Factory  of  Suratt  to  bee  removed  hither,  theyre  very  Custume 
only  will  goe  neere  to  pay  the  Garison  and  a  greate  animating  for  others 
to  come  to  live  heere,  and  noe  question,  in  few  yeares,  will  reape  a 
large  bennefitt  for  his  Majesty  in  the  interim,  hee  cannot  expect  but 
to  bee  at  a  yearely  charge,  by  sending  supplyes,  in  regard  the  rents 
of  this  Island  are  so  small,  all  not  ammounting  unto  above  lOOOli. 
per  annum,  and  although  in  my  last  to  your  Lordshipp  the  last  yeare, 
I  writt  about  a  rent  that  did  belong  to  the  King  that  might  import 
to  about  700  or  800/t.  per  annum,  for  the  Knife  that  was  to  prune  the 
Cocer  nutt  tree,  it  hath  proved  incerte,  for  since  by  papers  I  find  it 
belongs  to  the  Owners  or  Foreiros  of  the  ground  for  which  they  pay 
unto  his  Majesty  what  appeares  by  theyr  Foralls,  so  that  it  proved  a 
fals  information. 

These  Past  raines  hath  proved  verypestilentiallto  our  menu  having 
lost  by  death  and  runn  away  51  as  appeares  by  the  enclosed  list  of 
theyr  names,  which  in  our  small  quantity  hath  much  weakened  us, 
alltbough  I  entertaine  all,  what  English,  French,  or  Sweds  that  comes. 

The  last  yeare  I  made  an  end  of  Fortifying  this  house  towards 
the  sea,  by  the  building  of  a  large  platt  forme  51  yards  long,  wherein 
cann  play  18  peeces  of  large  Ordinance,  it  hath  cost  his  Majesty  monyes, 
but  is  the  best  piece  in  India,  and  secures  all  the  Roade,  its  made  as 
strong,  as  lime  and  stone  cann  make  it  ;  and  no  question  will  last  for 
many  hundered  yeares  ;  I  have  likewise  repaired  the  two  slight 
Bulworks  and  made  them  substantiall  against  Battery. 

I  have  one  from  your  lordshipp  directed  to  Sir  Abraham  Ship- 
man,  of  date  the  27th  March  1665,  with  a  contract  made  by  the 
Commissioners  of  his  Majestys  Navy  and  the  Easte  India  Company 
to  tra[n]sport  us  for  England  in  case  wee  were  styll  on  the  Island  of 
Angediva,  the  which  letter  and  Contract,  I  caused  publiquely  to  bee 
redd  in  our  Garison,  that  all  might  understand  the  greate  care  his 
Majesty  hath  had  of  us  to  bee  at  such  a  vast  charge  to  transport  us 
home  after  so  greate  a  losse  and  not  having  don  him  as  yett  any 
service,  whose  most  gratious  favor  hath  so  much  obliged  all  in  generall 
that  I  am  comfident  they  will  all  venter  theyr  lives  on  theyr  bare 
knees  to  do  him  service. 

On  the  receipt  of  your  lordshipps  letter  wee  were  in  Possession 
of  Bombaim  for  his  Majesty  so  that  Contract  served  to  no  effect,  wee 
being  now  waiting  for  furder  Orders  from  his  Majesty. 

In  regard  wee  were  ordered  home  ;  his  Majesty  sent  us  no  supplys 
of  monys  this  yeare,  and  its  imposible  the  souldjery  can  live  without 


ANGLO-PORTUGUESE  NEGOTIATIONS.  477 

its  pay,  heere  beeing  nothing  to  bee  had,  but  for  our  monys  and  not  Public  Ke- 
one  man  that  liveth  uppon  this  Island,  is  able  to  trust  us,  for  a  dayes  cord  Of&<», 
victualling,  they  have  it  not,  beeing  most  of  them  Fishermen.  vol       1  x' 

4     1  '        208 

I  have  had  letters  from  the  Vizorey  Antonio  de  Mello  de  Castro  j^°  j^g. 
and  Ignacio  Sarmento  de  Cavalho  Captain  Generall  of  the  North, 
and  severall  others,  that  the  warrs  betweene  us  and  Holand  is  broke 
out,  and  publiquely  proclaimed,  and  that  the  Dutch  for  certaine 
entends  to  beate  us  off  of  this  Island,  the  which  hath  putt  mee  at  my 
wits  end  ;  the  want  of  mony  boath  to  fortify,  Victuall  for  a  Seige  and 
for  the  soldjers  pay  and  other  necessarys  for  warr,  I  have  made  my 
addresse  unto  the  President  of  Surat  Sir  George  Oxinden,  aleadging 
the  afore  reasones  and  others,  and  that  of  necessity  without  hee 
supplye  us,  wee  must  disband,  and  then  his  Majestys  Interest  will  bee 
lost,  Hee  answered,  hee  had  no  order  from  the  Company  to  supply 
us  with  any  thing  ;  then  I  desired  him  that  hee  would  doe  it  out  of 
his  owne  Stocke;  Hee  writes  much  of  his  zeale  to  his  Majesty  I  wish  it 
weare  as  much  as  to  his  monyes  ;  I  could  not  prevail e  any  thing  from 
him,  neither  one  way  or  other,  so  that  I  having  a  little  mony  of  my 
owne  and  of  some  freinds  in  England,  I  hope  I  shall  bee  able  to  rubb 
out  whilest  [until]  September  next  1666  which  otherwise  this  Garison 
could  not  have  subsisted,  and  consequently  his  Majestys  Interest  lost. 

All  this  sommer  I  have  been  ordering  and  makeing  Fortifications 
to  the  landward,  for  a  place  of  security,  which  as  yett  is  not  quite  made 
an  end  of,  heere  inclosed  your  Lordshipp  will  receive  Its  ruff  draught, 
which  bee  pleased  to  shew  unto  his  Majesty  Its  all  done  with  Turffe 
and  Cocer  nutt  trees  14  foote  hygh  round  ;  with  little  repayring  it  will 
last  for  many  yeares,  all  beeing  Cannon  prooffe,  this  worke  would  have 
cost  his  Majesty  5000^1.  to  have  concluded  it  ;  but  I  hope  it  will  not 
cost  him  lOOli.  for  I  have  taken  such  care,  to  have  all  the  Islanders 
to  worke  by  turnes  some  dayes  1000  men,  some  dayes  800,  without 
pay,  only  something  to  drinke,  its  much  worke  to  bee  done  by  force  of 
hands,  wee  have  bein  about  it  upwards  of  three  monthes,  it  hath  nott 
cost  me  little  trouble  and  care. 

Wee  are  now  dayly  expecting  the  enemy,  the  greate  want  of  the 
losse  of  those  menu  that  dyed  the  last  raynes,  and  the  many  sentinells 
wee  have  with  our  new  workes  hath  forced  me  to  entertaine  in  our 
fower  Companys  tenn  menn  in  cache  Company  being  in  all  forty 
Portuguezes  white  menn  of  Europe  ;  they  have  the  same  pay  our  owne 
menn  hath,  I  would  entertaine  more  but  our  mony  will  not  hold  out 
to  pay  them, 

I  hope  in  September  next  1666  his  Majesty  will  not  faile  to  send 
us  supply  of  menn,  mony,  match,  greate  Ordinance,  shott  of  all  sorts, 
powder,  and  all  other  necessarys  for  warr,  for  this  wee  have  heere,  will 
suddainly  bee  spent,  in  a  Siedge  :  Our  mach  wee  brought  out,  is  all 
spent,  so  that  I  have  bein  forced  to  have  a  quantity  made  heere  which 
is  very  bad,  and  deere,  our  necessity  is  so  much  wee  could  not  bee 
without  it. 

The  Chestnut  Pynke  riding  at  an  anchor  in  this  Roade  will  runn 
a  greate  hazard  to  bee  burnt  by  the  enemy,  therefor  I  have  thought 
fitt  to  hall  hir  on  shore  under  the  command  of  our  artyllery,  the  menn 


478  JOURNAL  OF  INDIAN  HISTORY 

Public     Re-  are  entered  in  his  Majestys  sirvice  for  privat  sentinells  whilest  furder 

c^rP^Tn'  ^rder  from  his  Majesty  to  dispose  of  hir,  for  as  yett  shee  hath  not  don 

Vol      I  X  ^^  ^^y  sirvice  at  all ;  hir  Gunns,  Pouder,   amunition  with  tackling 

olio  3    '  are  all  in  his  Majestys  store.  I  hope  by  this,  shall  save  the  King  600/t. 

No.  142.        per  annum  beeing  hee  is   now  ridd  of  that  charge.     John  Stevens 

Commander  stomacks  it  much,  and  hath  a  turbulent  and  mutinous 

spiritt  about  it,  that  maters  not,  at  all,  I  doe  my  Duty. 

Wee  have  had  no  medicines  sent  since  wee  came  out  of  England, 
but  have  bein  forced  to  buy  out  of  the  Companys  stores  every  yeare, 
which  cost  deere  enough,  I  hope  heereafter,  things  will  bee  better 
husbanded  in  case  this  Garison  remaynes ;  Wee  want  much  a  Chaplaine 
to  Instruct  our  menu  to  doe  theyr  duty  to  God  Allmighty. 

My  humble  petition  to  your  lordshipp  is,  that  you  will  please  to 
motion  to  his  Majesty,  how  the  ayre  of  this  Country  doeth  not  agree 
with  mee,  having  bein  very  sick  of  a  flux,  and  am  desirous  to  end  my 
old  age  in  my  owne  Country,  therefor  most  humbly  desire  his  leave 
to  goe  home  by  the  next  shipps,  I  hope  hee  will  send  a  Governor  out 
befor  this  same  cann  come  to  your  hands,  but  in  case  hee  should 
not,  then  to  minde  him  heerein  for  which  your  lordshipp  wiU  ever 
Oblidge  me  to  bee 

Your  lordshipps  most  humble 

and  obedient  servant 

HuMFREY  Cooke. 

BOMBAIM 

The  23rd  December,  1665. 

P.S. — The  Vizorey  Antonio  de  Mello  de  Castro  was  the  first  that 
writt  mee  of  the  warrs  beeing  broke  out  betweene  the  Dutch  and  us, 
and  that  for  a  certaine  they  entended  suddainly  to  assault  and  beate 
us  ofi  this  Island,  I  imediately  writt  him  of  our  greate  loss  of  menn, 
at  Angediva,  and  therefor  demaunded  of  him  in  our  Kings  Majestys 
name,  that  hee  would  assist  me  for  our  monys,  or  enorder  his  Captain 
Generall  heere  in  the  North  to  doe  it  with  menn,  Artyllery,  pouder, 
or  any  thing  els  I  should  want,  for  the  deffence  of  this  place,  seeing 
himself  adviseth  me  the  Hollanders  might  bee  soone  upon  us  ;  this  I 
writt  by  fower  conveyances,  two  of  which  I  have  answere  by  English- 
men that  they  delivered  them  to  him,  but  could  gett  no  answere  to  this 
day  ;  so  that  it's  plainly  seene  theres  no  trusting  to  any  but  our  selves, 
the  Portugalls  proveing  so  treacherous  which  please  to  advize  his 
Majesty. 

The  greate  House  with  three  small  ones  and  the  ground  that  is 
now  in  his  Majestys  possession  fortified  appertains  unto  (the  Widdow 
of  Dom  Roderigo  de  Montsanto  deceased)  Donna  Ignes  de  Miranda, 
who  as  yett  will  not  agree  to  take  what  monys  all  was  valued  in  unto 
hir  at  the  death  of  hir  said  husband  which  is  neere  350li.  it  must  bee 
paid ;  I  cann  assure  the  Houses  only,  were  never  built  for  4,000/j.  The 
Arabs  hath  don  much  hurt  to  the  Houses  espetially  the  greate  one 
which  wiU  cost  much  to  repaire. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  479 

There  is  one  thing  of  much  importance  that  I  shall  desire  you     Police  Re- 
please  to  advise  his  Majesty  thereof  ;  that  is,  in  case  hee  please  to  bee  cord    Office, 
absolute  owner  of  all  this  Bay,  Port,  and  rivers  that  the  Portugalls  ^-     ^-    ^^• 
hath,  that  runns  out  into  the  Bay,  ther  must  of  necessity  be  a  Fort  ^^^^       303' 
made  with  tenn  or  twelve  good  Gunns,  and  One  hundered  English  men  No.  142.    si 
constantly  to  bee  there  to  examine  all  vessells  that  goeth  in  or  out  it 
beeing   much  out  of  command  of  our  Gunns  from  this  Fort  ;     Its  a 
small    Island   that   lyeth   at  the  botome  of  this   Bay  cal'd  by  the 
Portuguezes  Ilha  das  Pateias  by  Trumba,  there  is  no  Inhabitants  on 
it,  but  belongeth  to  a  subject  of  his  Majesty  on  this  Island.     My  Lord 
of  Marlebourgh  can  give  your  lordshipp  a  large  relation  of  it  and  how 
necessary  it  will  bee  to  bee  don,  except  which  wee  cann  never  expect 
any   greate   trade    from  the    maine ;  the    Portuguezes    demaunding 
Custumes  allready  of  any  thing  that  cometh  hither,  and  maketh  theyr 
owne  rates,  and  can  noe  wayes  bee  remedied,  except  the  said  Fort  bee 
there  to  keepe  them  under. 

HuMFREY  Cooke. 
[  Endorsed.] 

23rd  December  65.  Received  19th  February  667. 

Mr.  Cooke.  Bombaim. 

The  Portugueez  have  protested  against  him  for  taking 
the  Island  of  Maim  which  with  his  owne  justification  hee 
sends  over  :  will  keep  it  till  his  Majesties  further  Pleasure. 

Wrote  to  Antonio  de  Mello  de  Castro  Viz^roy  for  the 
arrears  of  Rents  received  before  possession  was  taken  of 
the  Island,  but  without  Successe,  hath  settled  the  Civill 
Law  there  and  among  themselves  the  Martiall  Law  :  no 
merchant  lives  there  yet,  requisite  his  Majesty  send  supplies 
yearly  thither,  the  rents  yearly  coming  to  but  1,000/t.,  about 
50  of  their  men  are  dead,  hath  built  a  Platform  upon  which 
*"  18  ps.  of  cannon  can  play  next  the  Sea  :  published  to  the 
Garrison  his  Majesties  care  of  them,  who  will  venture 
their  lives  in  his  Service,  want  pay  for  the  souldiers  this 
year :  hearing  of  the  warre  with  Holland  and  fearing 
they  might  attack  the  Island,  sent  to  Sir  George  Oxenden  for 
supplies,  but  hee  had  noe  order  from  the  Company  to  doe 
it,  hopes  out  of  his  own  stock  to  keep  them  tiU  September 
1666 :  fortified  the  House  to  the  landward  at  small 
charge  to  his  Majesty,  hopes  by  September  to  receive 
supplies  :  detain'd  the  Chestnutt  Pink  for  fear  shee  might 
bee  burnt  by  the  enemy  and  placed  her  under  the  Artillery: 
Want  medicines  much  ;  prays  hee  may  returne  home, 
recommends  that  his  Majesty  would  build  a  Fort  at  the 
Isle  of  Pataires  which  belongs  [to]  a  subject  of  his  Majesties. 

Articles    by   which    Bombay    was    delivered   by  Antonio   de 

Mello  e  Castro,  Viceroy  and  Captain  General  of 

GoA,  TO   Humphrey  Cooke,  14  January,  1665. 

1st,     The  Island  of  Bombay  should  be  delivered    to  the   English 

Gentlemen  with  a  declaration  that  whereas  the  other  islands  of  the 

jurisdiction   of   Bassein  have  through  the  bay  of  the  said  island  of 


480  JOURNAL  OF  INDIAN  HISTORY. 

Bombay  their  commerce,  trade  and  navigation  with  equal  right, 
liberty,  and  freedom  the  said  English  gentlemen  shall  never  prevent 
or  cause  any  impediment,  nor  levy  any  tribute  or  Gabell  neither  on 
the  importation  of  salt  or  any  other  merchandize  of  those  islands  and 
countrys,  nor  on  any  other  articles  which  may  be  brought  there  from 
abroad  ;  and  it  shall  be  free  for  all  vessels  loaded  or  empty  to  navigate 
from  the  said  islands  and  countrys  of  the  Portuguese  or  other  nations 
that  might  come  to  them,  and  the  subjects  of  the  King  of  Great  Britain 
shall  not  oblige  them  to  make  their  first  discharge  or  pay  any  thing 
in  their  Custome  House,  nor  by  any  other  means  whatsoever, 
nor  shall  they  for  this  purpose  make  use  of  any  pretence  because  it  is 
thus  declared  from  this  time  for  ever  ;  and  they  shall  not  only  have 
good  treatment  and  free  passages  to  our  countrys,  but  to  those  of  other 
parts  as  they  have  hitherto  been  in  the  habit  of  doing. 

2nd.  That  the  port  of  Bandora  in  the  island  of  Salsette  or  any  other 
of  the  island  shall  be  impeded  and  all  vessels  from  that  port  or  ports 
and  others  coming  to  them  shall  be  allowed  to  pass  and  repass  very 
franckly,  and  the  English  gentlemen  shall  not  all  edge  that  they  pass 
under  their  guns,  because  it  is  under  this  condition  that  the  island  is 
delivered  to  them  and  they  cannot  expect  more  than  what  is  granted 
to  them  by  the  Articles  of  peace  and  the  marriage  treaty. 

3rd.  That  they  shall  not  admit  any  deserter  from  our  country,  be  it 
for  whatever  cause,  nor  shall  they  under  any  pretence  whatever 
pretend  to  conceal  or  defend  them,  as  this  is  the  most  effectual  means 
of  preserving  ....  scandalous  practice  and  future  injuries,  and  in 
case  of  any  person  going  to  them  they  are  obliged  to  send  and  deliver 
him  up  to  the  captain  of  the  time  being  of  the  city  of  Bassein,  and 
because  many  Gentoos  who  have  in  their  charge  goods  and  money 
belonging  to  the  Portuguese  and  other  subjects  of  His  Majesty  by 
way  of  retaining  the  whole  it  may  happen  that  they  may  come  to 
Bombay  and  shelter  themselves  under  the  shadow  and  protection  of 
the  colours  of  the  most  serene  King  of  England,  the  English  gentlemen 
shall  not  only  apprehend  such  people  till  they  satisfy  what  they  may 
owe,  and  on  their  not  doing  it  within  two  months  they  shall  deliver 
them  up  to  the  captain  of  Bassaim  in  order  to  satisfy  the  parties  as  it 
may  be  just  and  right. 

4th.  That  the  English  gentlemen  shall  not  interfere  in  matters  of 
Faith,  nor  will  compell  the  inhabitants  of  the  said  Island  of  Bombay 
neither  directly  or  indirectly  to  change  their  Faith  or  to  go  and  attend 
their  Sermons,  and  shall  allow  the  Ecclesiastical  Ministers  the  exercise 
of  their  jurisdiction  without  the  least  impediment,  being  a  condition 
mentioned  in  the  Articles  of  Peace,  under  which  delivery  of  the  island 
is  ordered  to  be  made,  and  making  out  any  time  to  the  country  it  is 
understood  that  the  whole  agreed  upon  and  promised  will  be  violated, 
and  that  the  right  of  the  said  Island  shall  fall  again  into  the  Crown 
of  Portugal. 

5th.  That  too  the  Fleets  of  the  King  of  Portugal  our  master  both 
ships  of  the  line  and  the  small  oared  vessels  and  any  other  vessels  of 
his,  will  at  all  time  be  free  to  sail  in  and  out  of  the  said  bay  without 
the  least  impediment,  nor  will  they  be  obliged  to  ask  any  leave,  because 


ANGLO-PORTUGUESE  NEGOTIATIONS.  481 

by  the  reason  of  the  other  Islands  and  countrys  belonging  to  him  a 
part  of  the  said  Bay  belongs  also  to  him,  and  it  is  free  to  him  to  make 
use  of  it  as  his  own  without  any  doubt  or  question. 

6th.  That  all  the  inhabitants  residing  at  Bombay  as  well  as  those 
who  may  have  estates  in  the  said  Islands,  when  they  should  not  like 
to  reside  in  the  said  Island  it  shall  be  free  to  them  to  farm  out  their 
estates  or  sell  the  same  on  the  best  terms  they  may  be  able  to  obtaine, 
and  if  the  English  gentlemen  should  require  them,  it  shall  be  for  their 
just  and  equal  value  and  not  on  any  other  terms,  but  if  the  English 
gentlemen  should  not  chuse  to  buy  them,  nor  the  holders  live  in  them, 
it  shall  be  free  to  them  to  alienate  the  same,  and  untill  thy  do  so,  it 
shall  likewise  be  free  to  them  to  enjoy  and  make  use  of  the  same  as 
they  have  hitherto  done  without  the  least  contradiction  from  the  part 
of  the  English  gentlemen. 

7th.  That  the  inhabitants  of  the  said  Islands  of  Salsette,  Caranjah, 
and  Baragao,  and  of  other  places  of  our  jurisdiction  shall  freely  fish 
in  the  said  Bay  and  River  and  in  the  arm  of  the  sea  which  enters 
and  divides  Bombay  from  Salsette  by  Bandora  till  the  Bay ;  and  the 
English  gentlemen  shall  not  at  any  time  prevent  them  nor  will  they 
at  any  time  and  under  any  pretence  whatever  demand  any  tributes 
on  this  account,  and  the  inhabitants  of  Bombay  shall  be  allowed  to 
do  the  same  with  the  same  liberty  and  freedom. 

8th.  That  the  Curumbies,  Bandarino,  and  the  rest  of  the  people 
(Abunhados  a  set  of  people  bound  to  serve  the  Landholders)  or  in- 
habitants of  the  villages  of  one  jurisdiction  shall  not  be  admitted  at 
Bombay  and  on  their  or  any  of  them  resorting  thereto,  they  shall  be 
immediately  delivered  up  to  their  respective  owners,  and  same  shall 
be  observed  with  respect  to  slaves  which  may  run  away,  likewise  with 
regard  to  the  artificers  that  may  go  from  our  countrys  to  Bombay,  such 
as  Carpenters,  Weavers,  Turners,  Joiners,  Caulkers,  Sayers,  Drillers,  and 
Smiths,  and  any  other  they  shall  be  immediately  deliverd  up ;  and  if 
the  English  gentlemen  should  at  any  time  require  those  artificers  they 
shall  ask  them  from  the  captain  of  Bassaim,  who  will  send  them  for 
a  limited  time,  they  keeping  their  familys  in  our  countrys  and  on  their 
being  still  wanted  even  after  the  expiration  of  the  limited  time  they 
shall  go  and  present  themselves  to  the  captain  of  Bassaim  for  the  time 
being  to  whom  the  English  gentlemen  shall  ask  for  them  again,  and 
know  thereby  that  neither  the  capitulation  nor  the  good  neighbouring- 
ship,  which  we  shall  also  observe,  is  not  to  be  violated. 

9th.  That  in  case  any  of  the  deserters  should  be  willing  to  change 
his  Religion  and  to  the  confession  of  the  English  gentlemen  to  prevent 
them  being  restored  to  us,  the  English  gentlemen  shall  not  consent 
thereto,  and  the  same  shall  be  observed  on  our  part  with  regard  to 
those  that  may  desert  to  our  countrys. 

10th.  That  although  the  manor  right  of  the  Lady  the  Proprietrix 
of  Bombay  is  taken  away  from  her  estates  if  she  lives  in  the  Island, 
and  they  are  not  to  be  entermiddled  with  or  taken  away  from  her 
unless  it  be  of  her  free  will  she  being  a  woman  of  quality  they  are 
necessary  for  her  maintenance,  but  after  death,  and  her  heirs  succeed 
to  those  estates  the  EngUsh  gentlemen  may  if  they  chuse  take  them. 


482  JOURNAL  OF  INDIAN  HISTORY. 

paying  for  the  same  their  just  value,  as  is  provided  in  the  case  of  other 
Proprietors  of  Estates,  and  should  the  English  gentlemen  now  wish 
to  take  her  houses  to  build  Forts  thereupon  they  shall  immediately 
pay  her  their  just  value. 

11th.  That  every  persons  possessing  Revenue  at  Bombay  either  by 
Partimonial  or  Crown  Lands  they  shall  not  be  deprived  thereof  except 
in  cases  which  the  Laws  of  Portugal  direct  and  their  sons  and 
descendents  shall  succeed  to  them  with  the  same  right  and  clause 
above  mentioned  and  those  who  may  sell  the  said  Partimonial  or  Crown 
Estates  shall  transfer  to  the  purchaser  the  same  right  and  perpetuity 
they  had,  that  the  purchaser  may  enjoy  the  same  and  their  successors 
in  the  like   manner. 

12th.  That  the  Parish  Priests  and  monks  or  regular  clergy  that  reside 
in  Bombay  shall  have  all  due  respect  paid  to  them  as  agreed  upon, 
and  the  churches  shall  not  be  taken  for  any  use  whatever  nor  sermons 
shall  be  preached  in  them,  and  those  who  may  attempt  it  should  be 
punished  in  such  manner  as  to  serve  as  an  example. 

13th.  That  the  inhabitants  of  Bombay  and  the  landholders  of  that 
Island  shall  not  be  obliged  to  pay  more  than  the  foros  they  use  to 
pay  to  His  Majestey,  this  condition  being  expressly  mentioned  in  the 
capitulations. 

14th.  That  there  shall  be  a  good  understanding  and  reciprocal 
friendship  between  both  parties  rendering  one  another  every  good  office 
like  good  freinds  as  this  was  the  end  of  the  delivery  of  this  and  other 
places,  and  the  intention  of  His  Most  Serene  King  of  Great  Britain, 
as  appears  by  the  treaty  made  and  entered  into  by  and  between  both 
Crowns. 

Given  at  Pangin,  the  lAih  January,  1665. 

Letter  dated  10th  March  1676/7  from  Charles  II  to  the 
Viceroy  of  Goa  repudiating  Mr.  Humphrey  Cook's  Treaty  or 
Convocation  of  the  8th  January  1665  : — 

Charles  the  second,  by  the  Grace  of  God,  King  of  Great  Britain, 
France  and  Ireland,  King,  Defender  of  the  faith,  etc.  To  the  most 
illustrious  and  most  excellent  Lord  Lewis  de  Mendoca  Furtado,  Count 
of  Lauradio,  Viceroy  and  Captain  General  of  the  Indian  Affairs  and 
Dominion,  under  the  command  and  authority  of  the  most  serene  Lord 
Peter,  Prince  of  Portugal,  Regent  etc.  our  very  dear  friend,  sendeth 
greeting.  Most  illustrious  and  most  excellent  Lord  Viceroy,  our  very 
dear  friend— Our  subjects  through  the  East  Indies  excercising  trade  have 
lately  preferred  their  complaints  to  us  that  they  had  experienced  little 
of  that  friendly  behaviour  which  tbey  expected  from  the  Portugese 
nation,  but,  on  the  contrary,  had  met  with  much  worse  treatment 
there  than  the  treaty  of  marriage  between  us  and  our  dearest  Consort 
seemed  to  promise.  In  order  to  remedy  this  evil  our  intention  is 
shortly  to  elucidate  and  explain  the  11th  article  of  that  treaty 
conjointly  with  our  aforesaid  brother  the  most  serene  Prince  of  Portu- 
gal, by  whose  justice  we  doubt  not  our  sovereign  rights  in  the  Port  and 
Island  of  Bombay  and  their  Dependencies  will  be  vindicated  from  that 


ANGLO-PORTUGUESE  NEGOTIATIONS.  483 

very  unjust  capitulation  which  Humphrey  Cook  was  forced  to  submit 
to  at  the  time  when  that  place  was  first  transferred  to  our  possession, 
which  capitulation  neither  he,  Humphrey,  was  empowered  to  come 
into,  nor  any  one  else  to  impose  upon  him,  in  contravention  to  a 
compact  framed  in  so  solemn  and  religious  a  manner.  We  therefore 
are  determined  to  protest  against  the  said  capitulation  as  prejudicial 
to  our  Royal  dignity,  derogatory  to  cur  right,  which  we  hold  in  the 
higher  estimation  for  coming  to  us  in  part  of  the  dowery  with  our 
aforesaid  dearest  Consort. 

We  shall  signify  to  our  abovementioned  brother  the  Prince  of 
Portugal,  with  how  much  displeasure  we  have  learnt  that  our  sub- 
jects going  by  sea  on  the  prosecution  of  their  trade  into  the  dominion 
of  the  Great  Mogul  and  Savagee  (between  whom  and  us  a  good  under- 
standing exists,  and  who  are  not  at  variance  with  the  Portugese,  which 
obviates  all  pretexts  for  obstructing  the  free  passage)  are  nevertheless, 
against  the  laws  and  customs  of  all  nations,  compelled  to  pay  a  tribute 
for  sailing  only  through  the  open  streights  of  Tannah  as  also  for  passing 
by  Carinjah,  though  lying  contiguous  on  the  very  waters  of  our  said 
Port ;  neither  of  which  proceedings  we  can  submit  to ;  nor  do  we  doubt 
that  the  said  Prince  of  Portugal  will  order  to  be  refunded  whatever 
has  so  wrongfully  and  so  much  against  all  precedent  been  exacted 
from  our  subjects,  and  besides  other  grievances  which  he  will  not  fail 
to  redress.  That  he  will  also  take  into  serious  consideration  the  affront 
offered  to  our  person  and  the  hardships  and  damages  sustained  by 
our  subjects  on  account  of  the  said  island  of  Bombay,  together  with 
its  dependencies,  not  being  at  first  delivered  to  us  faithfully  and  accord- 
ing to  agreement  as  it  ought  to  have  been.  In  the  mean  time  we  have 
forbidden  our  subjects  of  the  East  India  Company  to  submit  to  such 
arbitrary  and  unjustifiable  exactions  as  paying  the  tributes  at  Tannah 
and  Carinjah,  which  are  not  less  inconsistent  with  our  Royal  sovereign 
right,  than  contrary  to  the  laws  and  customs  of  all  nations.  For  not 
even  in  the  streight  called  the  Sound  on  the  coast  of  Denmark  is  any 
tax  or  toll  imposed  in  an  arbitrary  manner,  a  moderate  sum  only  being 
paid  for  lighthouses  and  beacons  erected  for  the  security  of  Naviga- 
tion ;  nor  was  this  even  levied  before  treaties  and  stipulations  had  been 
made  between  Princes  for  that  purpose;  while  our  subjects  are  willing 
and  ready  to  pay  the  customary  port  duties  and  charges  respectively 
settled  in  different  places  (which  they  refuse  not  to  do  when  they  trade 
in  any  part  of  the  Portugese  dominions)  we  do  not  see  with  what  right 
anything  further  can  be  demanded  of  them.  We  have  therefore 
thought  it  proper  to  signify  all  these  particulars  to  your  Excellency  in 
an  amicable  manner,  both  on  account  of  your  exalted  character  and  the 
authority  you  are  deservedly  invested  with  in  those  countries,  next  in 
dignity  to  Royalty  itself,  as  weU  as  in  consideration  of  the  great  regard 
and  respect  which  you  profess  for  our  person.  Neither  have  we  the 
least  doubt  that  your  Excellency  will  not  only  perform,  to  the  utmost 
of  your  power,  whatever  is  consistent  with  equity  and  with  the 
aforesaid  treaty;  but  will  likewise,  as  occasion  offers,  treat  our  subjects 
with  due  benevolence,  and  act  with  readiness  in  whatever  you  may 
judge  conducive  to  their  service  and  interest.  We,  on  our  part,  shall 
certainly  be  ready  to  render  the  like  good  offices  to  the  Portugese  and 
to  all  who  are  in  friendship  with  your  Excellency. 


484  JOURNAL  OF  INDIAN  HISTORY. 

And  here  we  should  have  ended  for  the  present,  but  that  our 
aforesaid  subjects  have  further  informed  us  that  the  one  half  of  the 
customs  which  are  paid  at  Gombroone  in  Persia  belong  of  right  to 
them  in  the  same  manner  as  the  Portugese  receive  them  at  Cong  in 
the  same  kingdom.  It  has  been  usual  among  the  European  settlers 
in  India  to  grant  passports  or  letters  of  safe  conduct  to  the  shipping  of 
the  Natives  (which  are  called  Junks)  in  order  to  secure  the  navigation 
to  Persia  and  to  other  ports  on  those  coasts.  But  it  has  lately  happened 
(in  opposition  to  the  aforesaid  practice)  that  such  passports  have,  by 
your  ExceUency's  direction,  been  denied  to  those  that  were  bound  to 
Gombroone.  In  consequence  of  which  all  those  vessels  were 
necessarily  obliged  either  to  proceed  to  Cong,  or  to  expose  themselves 
to  dangers,  which  they  are  liable  to  who  venture  by  sea  without 
passports  to  Gombroone,  where  (as  already  observed)  the  English 
receive  a  moity  of  the  customs.  But  as  this  unequel  distribution 
of  passports  not  only  seems  to  indicate  a  sort  of  ill-will  to  the  English 
nation,  but  to  carry  with  it  an  appearance  of  injustice,  and  might  very 
reasonably  provoke  our  aforesaid  company  of  merchants  to  commit 
retaliations ;  we  therefore  most  amicably  and  most  earnestly  request  it  of 
your  Excellency  to  withdraw  that  prohibition  and  all  other  order  what- 
soever delivered  for  that  purpose,  as  repugnant  to  the  aforesaid  treaty 
of  marriage,  of  which  the  principal  and  most  essential  intention  was  to 
unite  both  nations  in  the  strictest  bonds  of  friendship  and  to  engage 
them  to  treat  each  other  with  the  most  brotherly  affection  and  goodwill. 
This  shall  always  be  most  cordially  observed  on  our  part  and  we 
hope  will  in  like  manner  be  observed  on  the  part  of  your  Excellency, 
whom  we  finally  recommend  to  the  protection  of  the  Almighty.  Given 
at  our  palace  of  Whitehall  the  IQth  day  of  March  1676-7. 

Your  Excellencys  good  friend, 
Charles  R. 

To  the  most  illustrious  and  most  Excellent  Lord  Lewis  de  Mendonca 
Furtado,  Count  of  Lawradio,  Viceroy  and  Captain  General  of  the 
Indian  Affairs  and  Dominion,  under  the  command  and  authority 
of  the  Most  Serene  Lord  Peter,  Regent  and  Prince  of  Portugal, 
our  very  dear  friend. 

Though  Dom  Pedrode  Almeida,  who  succeeded  Lavrado, 
treated  Charles'  letter  with  scant  respect,  it  cannot  be  denied 
that  his  arguments  were  based  on  the  solid  foundation  of 
universal  practice.  Charles'  Government  showed  the  same 
culpable  ignorance  of  geography  as  Clarendon  had  done,  and 
his  repudiation  of  Humphrey  Cooke's  Treaty  after  an  ominous 
silence  of  twelve  years  makes  us  suspect  the  validity  of  his 
claims,  and  the  sincerity  of  his  purpose.  Almeida's  reply  was 
as  follows  : — 

"  The  Count  de  Lavradio,  whom  I  have  just  succeeded  as 
Viceroy,  has  handed  me  the  letter  your  Majesty  was  pleased  to 
address  to  him,  regarding  the  question  the  Mandovis  of  Caranja 
and  Thana.     The  Moors  give  the  name  of  "  Mandovis  "  to  what 


ANGLO-PORTUGUESE  NEGOTIATIONS.  485 

we  call  Custom  Houses.  Caranja  was  always  the  Custom  House 
of  the  whole  terra  firma,  and  Thana  of  part  of  the  Galhana  and 
Bumdi  terra  firma  of  the  Moors,  and  Bombay  of  the  district  where 
everyone  pays  taxes  in  the  form  of  the  ancient  "  foros  "  of  the 
time  of  the  Moorish  dominion  ;  and,  as  the  vassals  of  the  Prince, 
my  master,  are  not  exempt  from  the  payment  of  duties  in  Bombay, 
it  does  not  seem  right  that  the  vassals  of  your  Majesty  should  be 
exempt  from  paying  duties  in  my  Prince's  dominion.  As  regards 
the  "  passes  ",  we  issue  them  to  the  Moors  and  Natives  in  the 
usual  form."     The  letter  was  written  on  November  11,  1677. 

In  the  following  paper,  we  get  a  glimpse  of  the  internal 
condition  of  India.  The  references  to  Sivaji  are  interesting,  and 
Aurangzebe's  untiring  energy  is  the  source  of  endless  plots, 
intrigues,  gossips,  and  wars. 

India,  November  1666. 

Since  the   Africans  and   St.  Georges  departure  there  hath   been  Public    Re- 
noe   Conveyance  from  hence   to    Persia,    nor  'tis  thought  will  this  cord   Of6ce, 
yeare,  for  all  these  parts  of  the  World  are  Imbr oiled  in  war,  as  much  C.    O.     77, 
as  Eroupe  ;  the  Persian  King  hath  entred  for  certaine  above  500  miles  X^o  gi        ' 
into    this    King's    Countrey,    hath   had   two   notable    victories  over 
Oranzeeb's  army,  and  taken  the  great  City  of  Caubell,  in  soe  much  that 
Oranzeebe  hath  throwne  of  his  Dervis  Coate,  and  gone  with  a  vast 
army  in  person  against  him.     The  rebell  Savaged*  some  10  moneths     [*  sic   for 
Since  yeilded  himselfe  a  prisoner  unto  Rajah  Jesson,  on  conditions  Savagee     = 
that  his  life  should  bee  secured,  but  at  his  appearance  before  the  King,  Sivaji.] 
hee  would  have  had  him   cutt  in   pieces,   on  which   Rajah   Jesson 
Solemnly  Swore  unto  the  iCing,  that  if  Savaged  died  hee  would  Kill 
hi^uselfe  immediately  in  his  presence,  after  which  the  King  Spared 
his  life,  but  committed  him  prisoner  into  the  charge  of  Rajah  Jesson's 
Sonne,  who  with  his  father  having  given  their  word  to  Savaged  that 
hee  should  bee  treindly  dealt  withall  in  case  hee  would  Submit  to  the 
King,  (for  they  could  never  have  compelled  him  to  it)  and  they  finding 
the  King  contrary  to  his  word  endeavour  to  break    their    promise, 
took  it  Si  -e  hainously,  that  the  Son  with  the  father  or  through  his  meanes 
gave  Savaged  opportunity  to  escape ;     After  notice  of  which  coming 
to  the  King's  eare,  hee  in  a  rage  discarded  the   Rajah's   Son   who 
Comanded  6000  horse,  and  posted  Rajah  Jesson  himselfe  with  a  great 
Strength  to  fetch  him  againe,  in  which  time  the  King  of  Persia  entring 
his  Countrey,  hee  recalled  the  Rajah  againe ;  and  'tis  credibly  reported 
in  Surat  that  hee  hath  refused  to  come,  and  really  thought  that  having 
for  the  most   part    Esduesf  in  his   army,   hee  will   prove  a   mortall      [f  sic  ?  a 
enemy  to  Oranzeeb  :     Alsoe  Savaged 's  coming  to  Surat  is  much  feared  copyist's 
againe,  insoemuch  that  report  hath  given  him  Severall  times  to  have  « c^ntues."] 
been   within  a  day  or  two  dayes  journey  of  the  place,   which  hath 
caused  Sometimes  5  or  6000  to  pack  up  their  Aules  and  run  out  of  the 
towne,  and  when  another  report  hath  given  the  first  the  he,  then  they 
have  crept  in  againe,  but  if  he  comes   'twill  bee  when  the  ships  arrive 
from  Bussora. 
H 


486  JOURNAL  OF  INDIAN  HISTORY. 

Public  Re-  The  report  goes  here  alsoe  that  Sultan  Suza  Oranzeeb's  elder 
C*'*^o^^77'  ^^ot^^'"  ^^^  ^^§  °^  Bengalla  residing  in  the  Persian  King's  Court,  was 
Vol.  x'*^®  cheifest  instrument  of  his  coming  into  this  Country,  and  that  hee 
folio  61.  is  in  person  in  the  army.  As  alsoe  that  the  King  of  Golgundaugh 
and  the  King  of  Vitchapore  are  preparing  to  goe  upon  Oranzeeb's 
back  :  We  have  had  noe  certaine  newes  out  of  the  Gulfe  of  Persia  this 
yeare,  onely  a  small  vessell  from  Musckatt,  and  they  on  her  have 
reported  that  the  Bashaw  of  Bussora  was  routed  by  him  of  Bagdat, 
that  Bussora  was  wholy  taken,  and  the  towne  on  conditions  redelivered 
againe  to  the  Arab,  and  that  the  shipping  were  as  high  as  Cape 
Bardestone,  when  understanding  the  trouble  there  they  beat  it  back 
againe  for  Cong  and  that  after  the  Bashaw  of  Bussora  sent  to  Cong 
and  invited  them  thither  ;  and  more  the  King  here  hath  sent  downe 
positive  order  that  noe  ship  whatsoever  shall  bee  suffered  to  goe  into 
the  Gulfe  of  Persia,  as  wee  heare  that  the  King  of  Persia  hath 
stopt  all  the  Junckes  belonging  to  this  port,  which  is  the  reason  that 
they  have  had  noe  conveyance  for  their  overland  packett  :  here  hath 
not  been  yet  the  least  newes  of  a  Dutch  ship  this  yeare  upon  the  Coast 
and  'tis  certaine  that  the  Dutch  will  not  give  a  passe  for  any  vessell 
to  goe  downe  the  Coast  of  India,  by  reason  they  will  not  have  newes 
brought  to  Suratt  of  their  bad  succes  :  Wee  heare  here  that  they  have 
lost  Cucheene  to  the  Natives  ;  Wee  heare  for  certaine  they  have  not 
had  a  ship  from  Europe  since  the  war  began,  they  have  not  bought 
a  penny  worth  of  goods  this  yeare  in  India ;  they  have  called  all  their 
ships  from  all  parts  whatsoever  to  Batavie,  and  how  they  fare  there- 
abouts wee  know  not,  but  'tis  Supposed  that  the  Longhaired  China 
men  with  others  are  on  their  backes. 

In  Sir  Gervase  Lucas'  Despatch,  printed  below,  Mr.  Cooke's 
administration  is  denounced  in  scathing  terms,  while  the  "false 
dealings  "  of  the  East  India  Company  are  exposed  in  no  measured 
tones.  Lucas  was  an  able  and  energetic  administrator,  and 
could  not  tolerate  the  culpable  administrative  methods  of 
Cooke.  The  Jesuits,  too,  had  begun  to  give  trouble,  and  the 
miserable  Governors  found  themselves  harassed  on  all  sides. 
The  conflict  between  the  servants  of  the  King  and  those  of  the 
Company  ought  to  have  been  foreseen  by  Charles'  Government. 
The  mutual  recriminations  in  which  they  indulged  were  most 
unfortunate  at  this  juncture.  The  Portuguese  were  only  too 
glad  to  take  advantage  of  these  bickerings,  and  we  are  not 
surprised  to  find  the  original  treaty  interpreted  with  all  their 
accustomed  ingenuity.  Nathaniel  Heme's  defence  of  the  Com- 
pany should  be  compared  with  Lucas*  Despatch. 

BoMBAiM  2nd  March  1666/7. 
Public     Re   My  Lord 

cord    Office,         x^e  East  India  Companies  Factory  deales  so  falsely  here  in  all 

Vol     X II   *^i^SS  concerns  his  Majesties  Interest  in  these  parts,  that  it  is    not 

folio  273.     '  possible  for  the  most    vigilent    Person  in  the   World  to    meet  their 

motions  at  so  great  a  distance  as  Bombaim  is  from  Surat,  and  in  a 

Country  where  is  no  better  way  of  sending  Dispatches,  then  by  lazie 

[Coppie,  the  original  was  sent  by  Ensigne  Thomas  Price.] 


ANGLO-PORTUGUESE  NEGOTIATIONS.  487 

Footmen,  which  is  the  reason  this  I  have  now  sent  my  Lord  Arlington  Public    Rc- 
came  two  dayes  to  late  to  passe  upon  the  Compaines  Ship  Returne  ;  r'^^o^^T?' 
which  I  ever   fearing,    put  his   Majestic   to  the  charge  of   sending  2  vqI.    xii', 
Pacquetts  of  the  same  tenour  the  30th   November    by  way  of  Persia,  folio  273. 
which  I  hope  will  arrive  so  timely  at    Whithall,  as  may  free  me  from 
beeing  thought   growne   either  lazie   or    negligent   in    his    Majesties 
Service.     I  have  at  large  in  those  dispatches,  and  this  now  sent  to  my 
Lord  Arlington,  given  my  opinion  which  is  the  best  way  to  Strengthen 
this  place,  and  advance  his  Majesties  Interest  at  least  charge  to  his 
Majestie,  and  cannot  add  any  thing  to  it ;  but  that  here  is  great  resort 
of  Bannians,  who  are  the  Merchants  of  these  parts,  who  desire  to  build 
houses  in  this  Island,  in  expectation  his  Majestie  will  order  the  Trade 
of  these  parts  to  this  Port  :  which  is  the  best  harbour  where  Shipps 
may  enter  and  ride  safe  all  Seasons. 

At  my  arrivall  here  I  found  Mr.  Cooke  very  weary  of  his  imploy- 
ment,  haveing  just  at  that  time,  run  as  Farr  as  his  Majesties  Treasure 
would  inable  him  :  and  if  not  so  seasonably  relieved  as  by  my  arrivall ; 
it  had  been  very  hazardous  how  his  Majesties  Island  and  people  had 
been  disposed  of  :  for  he  had,  by  his  imprudence  and  bribery,  lockt 
himself e  up  from  justly  advancing  his  Majesties  Revenue  :  250li. 
of  which  money  he  had  received  I  have  paid  back  againe,  on  purpose 
to  redeeme  his  Majesties  just  Title  to  Fishing  in  the  Salt  waters, 
which  cannot  propperly  belong  to  any  other,  beeing  under  protection  of 
his  Majesties  Gunnes  and  cannot  bee  defended  without  them.  I  have 
taken  it  into  Custodie,  and  hope  to  make  300li.  a  yeare  of  it.  And  some 
other  duties,  which  through  the  corruption  of  the  Portug'ueze  Officers 
have  been  unjustly  detained  from  that  Crowne  a  long  time.  His 
Majestie  and  the  Queen  wiU  have  loud  Outcries  against  me  from  the 
Jesuites,  Barnardine  de  Tavora  and  Igius  de  Miranda,  which  3  have 
almost  the  whole  Island  of  Bombaim  in  their  possession,  with  the 
Fishing  in  Salt  water,  and  power  of  Tribute  over  the  People,  power 
of  punishment,  imprisonment,  whipping,  starving,  banishment ; 
all  which  since  my  arrivall,  I  have  secured  the  Inhabitants  from, 
allowing  no  power  to  any  to  punish  but  by  order  of  his  Majesties 
Governour  upon  the  place,  or  by  such  Justice  of  peace  as  are  appointed 
by  the  Governour  ;  which  hath  put  the  whole  Island  into  a  secure 
and  quiet  Conditione  as  to  their  persons  and  Estates  :  and  I  dare 
Confidently  aver  to  your  Lordshipp  his  Majestie  hath  not  in  all  his 
dominions  a  more  obedient,  peaceable  and  easie  to  be  governd  people 
then  these,  except  the  Jesuites  and  the  other  two,  who  have  tiU  this 
time  governd  the  people,  and  lived  by  the  rapine  and  spoile  of  the 
Inhabitants  :  and  therefore  I  hope  their  complaints  will  not  be  able 
to  obstruct  my  endeavours  justly  to  advance  his  Majesties  Revenue  ; 
nor  wiU  it  seeme  unreasonable  to  you,  when  their  complaints  come 
before  you,  to  returne  them  to  the  Governour  of  the  place  with  his 
Majesties  command  to  doe  them  Justice,  which  if  reason  will  satisfie  ^ 

them,  they  now  have  : 

For  my  Lord,  I  wiU  never  give  any  thing  under  my  hand  at 
never  so  great  a  distance  that  is  not  truth  :  and  for  all  those  Lands  and 
Royalties  they  have  rob'd  the  Crowne  of  Portugall  of,  and  have  long 
enjoyed,  there  is  not  one  of  them  can  produce  the  Kings  hand  and 
Scale,  and  yet  they  will  pretend  they  are  alienated  from  the  Govern 


488  JOURNAL  OF  INDIAN  HISTORY. 

Public  Re-  ment  without  power  of  revocation,  I  am  altogether  ignorant  of  the 
r*'^*^o^^77'  '^'"ti^^^  ^^  Surrender  of  the  Island  to  his  Majestie  except  the  11  Article 
Vol  XII  which  reserves  nothing  to  the  Inhabitants  but  the  free  exercise  of  the 
folio  273.  '  Romane  catholique  Religion  :  and  in  terminus  gives  the  King  all  Right, 
Title,  Interest,  power  and  dominion  which  the  King  of  Portugall  had  : 
and  I  hope  in  time  to  discover  it  to  be  of  more  advantage  to  his 
Majestie  then  wee  yet  know  ;  and  therefore  it  is  necessary,  I  have  a 
Commission  sent  mee,  under  the  great  Scale,  of  a  larger  Tenour,  as 
power  to  let  Leases  in  his  Majesties  name  for  certaine  yeares  or  Lives, 
as  his  Majestie  pleases,  and  to  constitute  and  appoint  all  civill  Officers 
and  Magistrates  for  the  decission  of  Controversies  arising  among  the 
people,  which  they  hourely  trouble  me  in.  I  have  at  large  acquainted 
my  Lord  Arlington  how  I  parted  with  Mr.  Cooke  about  his  Accounts  : 
and  sent  his  Lordshipp  a  short  abstract  of  them  :  by  which,  when  Mr. 
Cooke  arrives  at  Whithall,  his  Majestie  and  Councill  will  see  in  breife 
the  disbursments  of  all  his  Majesties  Treasure  since  Sir  Abraham 
Shipmans  setting  forth  till  my  arrivall  here  the  5th  November  1666. 
I  have  received  of  Mr.  Cooke  1700  and  odd  pounds  which  I  have  given 
my  Lord  Arlington  an  account,  and  I  cut  him  of  1300/t.  he  pretended 
his  Majestie  was  indebted  to  him  :  all  which  your  Lordshipp  will  see  in 
my  Lord  Arlingtons  Letter  now  sent  him.  I  send  for  more  security 
of  his  Majesties  haveing  intelligence  from  this  place  a  Person  who  came 
out  of  England  with  Sir  Abraham  Shipman,  and  hath  been  upon  the 
Island  ever  since  his  Majestie  had  possession  of  it,  Mr.  Price  an  Ensigne, 
a  very  sober  man,  and  is  able  to  give  so  good  account  of  the  place  that 
his  Majestie  may  take  a  better  measure  by  his  relation  of  his  Majesties 
Interests  in  haveing  this  Island  then  by  Letters  can  be  given  his 
Majestie.  I  am  providing  Lyme,  Stones,  and  Timber  for  Fortifica- 
tions :  but  cannot  begin  the  worke  till  either  his  Majestie  send  us  a 
recruite  of  money,  or  Tiade  Ships,  whose  customes  may  answer  the 
same  :  For  the  monethly  charge  of  the  Officers  and  Souldiers  comes 
to  206li.  7s.  6d.  besides  my  allowance,  and  the  charge  of  materialls 
for  the  worke  and  other  contingencies  are  at  present  very  great.  I 
will  use  my  utmost  endeavour  if  his  Majestie  will  give  mee  leave 
to  advance  his  Revenue  on  this  Island  as  much  as  I  can  towards  the 
defraying  the  charge  of  the  place  which  would  not  be  very  great  if 
his  Majestie  had  ended  with  the  Dutch,  the  Fortifications  raised,  and 
Trade  setled  :  I  dare  say  it  would  yeeld  his  Majestie  a  better  Revenue 
then  now  it  costs.  I  have  according  to  the  Order  your  Lordshipp 
gave  me  when  I  last  kissed  your  hand,  drawne  3  Bills  of  Exchange 
upon  my  Lord  Treasurer  for  1869^^.  3s.  8d.  for  value  ISOOli.  received 
of  Sir  George  Oxinden  and  Companies  Councill  at  Surat :  by  which 
your  Lordshipp  may  see  the  great  losse  his  Majestie  is  at  by  sending 
Bills  of  Exchange  or  Letters  of  Credit  into  these  parts.  I  have 
acquainted  my  Lord  Ashley  Cooper  with  it  and  any  one  of  the  Bills, 
beeing  satisfied  the  other  two  are  null. 

I  am  endeavouring  to  get  20  Horse  upon  the  Island  which  were 
of  great  Advantage  both  to  his  Majesties  Service  and  security  of  the 
place.  I  hope  his  Majestie  will  not  be  offended  at  it :  since  there  is  no 
gocd  corespondence  to  be  held  from  the  severall  parts  of  the  Island 
without  them.  My  Lord  there  are  many  Troubles  and  difficulties 
I  am  engaged  in  betwixt  his  Majesties  just  Right  and  some  of  these 
peoples  pretences  in  point  of  Title  to  those  Estates  they  possesse :  I 


ANGLO-PORTUGUESE  NEGOTIATIONS.  489 

hope  I  have  Credit!  with  your  Lordshipp  to  beleeve  me  so  modest  Public     Re- 

and  just,  and  so  well  to  understand  the  Honnor,  as  well  as  Interest  ^^^-^^^^^' 

of  his  Majesties  Government  in  these  parts,  that  I  would  not  by  force  y^  j    x  1 1' 

violate  any  man's  just  Title  :  and  of  the  contrary,  I  will  no  more  loose  folio  273. 

a  penny  I  can  discover  that  is  due  to  his  Majestic,  then  I  will  part  with 

my  eyes  :  I  have  good  reason  to  beleeve  I  shall  this  yeare  increase  his 

Majesties  Revenue  to  some  considerable  advantage,  and  if  I  live  the 

next  yeare  more,  and  resolve  not  to  give  over  till  I  have  made    the 

soyle  of  the  whole  Island  pay  his  Majestic  Rent.     "What  recruit es  of 

Stores  and  moneyes  we  want  Ensigne  Price  hath    Lists  of  and   wiU 

acquaint  your  Lordshipp  with  them.     I  hope  his  Majestic  and  Councill 

will  consider  that  more  then  the  Revenue  comes  to  must  bee  supplied 

by  his  Majestic  which  if  he    please  to    send  in    Commodities,   would 

turne  to   better  account  then  Letters  of  Credit  :    for  as  they    value 

money  here,  his  Majestic  pays  above  40  per  Cent  for  Exchange  :  I  will 

tiot  in  this  longer  trouble  your  Lordshipp  then   whilst  I  begg   your 

pardon  for  this  tedious  trouble,  and  as  in  duty  bound   subscribe   my 

Selfe 

Your  Lordshipps  most  obedient 
and  humble  servant 
Gervase  Lucas. 

[  Endorsed.  ] 

Duplicate  of  Sir  Gervas  Lucas'  letter  to  Lord 
Chancellor  March  2d.  1666/7  touching  the 
fishry  and  the  King's  Lands. 

[  Title  inserted  on  first  page  : — ] 
Letter  from  Sir  Gervais  Lucas  to  the  Lord  Chancelor. 

May  it  please  your  Lordship  Public    Re- 

According  to  your  Lordships  command,  we  herewith  send  you  c.  o.  17, 
our  letters  to  our  president  at  Surrat,  and  our  Agent  at  the  Fort,  Vol.  X, 
in  favour  of  the  French.  We  have  in  several  former  letters  recom-  *o^io  88. 
mended  the  same,  and  have  an  account  from  them,  that  they  have 
on  all  occasions  acted  towards  them  as  became  them,  and  consonant 
to  our  orders,  although  the  French  have  not  been  so  candid  towards 
us  :  For  at  Surrat  they  insisted  very  high  to  have  our  Ships  strike  to 
theirs,  which  our  President  fairly  avoided.  And  by  our  last  letters 
from  Fort  St.  George,  we  have  advise  from  our  Agent,  that  the 
French  General  had  seized  two  boats  loaden  for  English  accompt ;  and 
the  Ship  Ruby  and  her  lading  belonging  to  Mr.  Jearsey,  one  of  our 
Factors,  and  refused  to  restore  the  same,  notwithstanding  our  Agent 
addressed  to  him  to  that  effect.  We  therefore  pray  your  Lordship 
would  obtain  for  us  letters  to  their  Officers,  that  they  may  give  noe 
occasion  of  future  differences,  and  to  restore  the  Ship  and  Goods  taken  : 
that  so  the  desired  amity  may  be  preserved  intire  on  their  part,  as  it 
shall  be  on  Ours. 

We  remain, 

My  Lord, 
Your  Lordships  most  humble  Servant 
Nathaniel  Herne.  [?]  Deputy. 
East  India  House  London 
23rd  August,  1673. 


490  JOURNAL  OF  INDIAN  HISTORY. 

[A  ddressed.] 

For  the  right  Honoble.  the  Earle  of  Arlington 
his  Majesties  Principall  Secretarie  of  State 
These  present 

[Endorsed.] 

August  23.  73. 
East  India  Company. 

The  above  account  of  the  crooked  devices,  and  devious 
methods  of  Mr.  Humphrey  Cook,  whose  subsequent  conduct 
confirms  honest  Lucas'  trenchant  analysis  of  this  adventurer's 
character,  should  be  compared  with  the  following  narrative. 
Lucas  paints  the  picture  in  sombre  colours,  but  it  is  a  faithful 
representation  of  reality ;  Wilcox  describes  in  modest  language 
the  work  he  had  accomplished.  This  is  the  first  account  of  the 
system  of  Justice  established  in  Bombay. 

The  following  elaborate  Report  of  the  establishment  of  a 
Law  in  Bombay  gives  a  very  good  account  of  Bombay.  George 
Wilcox  was  appointed  a  Judge  on  August  8,  1672.  (Bombay 
Council  to  Surat,  July  12,  1672.  Selections.)  The  Directors 
sent  out  the  Statute  Book  and  other  law  books  in  December  of 
the  same  year,  and  Wilcox  framed  a  rough  Code  of  Civil  Procedure. 
{Forrest's  Selections,  I,  p.  64.)  Portuguese  Law  was  superseded  by 
the  English  Law,  and  Wilcox  was  kept  fully  employed.  He  died  of 
fever  on  August  9,  1774.  A  glance  at  the  list  of  "  Fees  belonging  to 
the  Court "  shows  that  justice  was  fairly  cheap,  though,  of  course, 
it  was  rough  and  ready.  Bombay  was  divided  into  3  hundreds, 
the  hundred  of  "  Bombay,  of  Maym,  and  Mazagon,  each  hundred 
to  have  a  Justice  of  Peace  and  Constable."  The  Judge's  salary 
was  "pitcht  upon  Rs.  2,000  annually,  and  that  to  be  paid  out  of 
fines,  provided  they  were  sufficient ;  if  not,  to  be  made  up  out 
of  the  treasury."  This  modest  amount  seems  to  have  satisfied 
him,  as  the  island  was  poor,  and  the  pay  of  all  officers,  as  "  Clerks, 
Tipstaves,  Messengers,  Interpretors  of  the  Portugal  and  Canary 
languages,  and  all  charges  belonging  to  the  monthly  sessions  " 
was  paid  by  him  out  of  the  fines.  The  "order  of  going  to  the 
Court  of  Judicature  "  is  quaintly  described,  and  a  full  report  is 
supplied  of  the  worthy  Governor's  eloquent  speech  on  the  EngHsh 
Law.  It  must  have  been  an  imposing  ceremony,  relieving  the  grey 
monotony  of  disease  and  poverty.  He  put  down  several  drinking 
houses,  and  seems  to  have  given  general  satisfaction. 

^^lic  Re-  According  to  the  Governors  command,  I  have  drawn  up  a 
w)rd ^Office,  narrative  of  the  establishment  of  the  Law  on  the  Island  Bombay,  as 
Vol.  XII,'  i^  ^s  now  setled,  and  confirmed  by  him,  since  his  coming  upon  the 
Folio  136.  '  place  which  is  as  followeth. 


ANGLO-PORTUGUESE  NEGOTIATIONS. 


491 


The  watchful   eye   of  our    Honble.  Governor  being   alwaies  open  ^¥^*UJ^®" 
to  behold  the  things  that  belongs  to  our  Peace,  could  never  be  satisfied,  c*    q      77* 
but  in  the  prospect  of  that,  which  he  hath  now  accomplished,  to  which  v  o  i.  X  1 1,' 
end,  after  a  most  dangerous  voiagefrom  Surratt,  it  pleased  the  Almighty  folio  186. 
that  he  arrived  safe    amongst  us,  signifiing,  though  wee  should  be 
blest,  yet  it  must  be  with  difficulties.     No  sooner  had  his  foot  toucht 
our  shore,  but  God  toucht  his  heart,  a  fast  was  imediatly  proclaimed, 
and  kept,  next  a  Proclamation  issued  out  against  the  breach  of  the 
Sabboth  profanness,  drunkenness,  and  uncleanness,  this  rejoyct  us  at 
hoping  when  God  was  in  the  beginning,   a   blessing  would  be  in  the 
Conclusion.  Having  done  this,  divers  petitions  were  brought  in  by  the 
severall  Cast  for  establishing  the  English  Laws,  upon  which,  his  Hour, 
ordered  me  to  bring  in  the  forme  and  method  of  proceedings  in  a  Court 
of  Judicature,  and  the  manner  of  setling  al  things  as  near  as  possible, 
according  to  the  Custome,  and  constitution,  of  England,  which  having 
done  in  three    several   papers,    he    was    pleased    to   issue  forth    his 
Proclamation  for  abolishing  (from   and  after  the  first  day  of  August 
next)  the  Portugal  laws,  and  for  establishing  the  English,  and  likwise 
to  make  void  al  Comissions  of  the  Peace  in  the  Portugal  hands.    The 
forme  and  method  then  offered  is  as  followeth,  vizt : 

A  Summons  to  be  left  by  an   officer  appointed  for  that  purpose 

at  the  house  of  the  Deffendant.     In  case  of  non  appearance,  Oath  to 

be  made  in  open  Court  that  the  summons  was  served  by  the 
messenger. 

Forme  of  the  Summons. 

By  vertue  of  an  Action  of  trespass  in  the  Case  -        damages 

at  the  suit  of  you  shal  summon  to  appear  at  the 

Guild    Hal   of   this    Island   on  and    in    case    of    non 

appearance  by  his  Atturney  the  Court  will  proceed  to  Judgment  on 
evidence  of  the  Plantiff. 

The  next  Court  day  after  summons  the  Plantiff  to  give  in 
Declaration. 

Two  Court  dales  after  Declaration  to  come  to  a  Tryal,  without 
sufficient  cause  shewed  to  the  Contrary.  A  Court  to  be  held  every 
weeke  if  there  be  occasion. 

Officers  belonging  to  the  Court. 
A    Judg,    Councill,    Clerk  of  the  Papers,   Tipstaffs  and   Clerks, 
besides  Jury  men. 

Fees  belonging  to  the  Court. 


Rs 

Pice. 

Summons  and  sealing  of  it     . . 

2 

:      00: 

Entring  the  Action     . . 

0 

:      06: 

Messenger  for  serving  the  summons 

0 

:      12: 

Councillers  fee 

1 

16: 

Drawing  a  Declaration 

1 

16: 

Swearing  wittness 

0 

04: 

Summoning  a  Jury    . . 

1 

00: 

Jurys  Verdict 

2 

00: 

Subpena 

1 

00: 

Joyning  issue  . . 

1 

16; 

Entring  Judgment 

1 

03: 

Taking  out  execution . . 

2: 

00; 

492  JOURNAL  OF  INDIAN  HISTORY. 

Public  Re-  The  party  imprisoned  if  he  hath  a  vissible  estate,  and  wil  not 
cord  Office,  make  sale  of  it  towards  paiment  of  his  debts  in  six  months  time,  sale 
Vv    ,    V  T  T  shall  be  made  for  him  and  he  released. 

Vol.     XII, 

folio  136.  j.^^  second  paper  was  reasons  for  selling  an  office  for  proving  of 

wills  and  granting  Administrations,  which  are  as  folio weth. 

The  Law  cannot  have  its  current  without  this  Establishment  and 
what  law  can  take  hold  of  an  executor,  without  he  takes  upon  him  the 
Execution  of  the  wil,  an  executor  in  a  wil  is  only  nominal,  'tis  the 
Probate  makes  him  Legal. 

If  the  Testator  dies  in  debt,  no  Creditor  can  sue  his  Executor 
without  he  takes  upon  him  the  probate,  should  any  bring  an  action 
against  him  ?  how  would  he  giound  his  Declaration,  it  must  ly  either 
as  an  Executor  or  Administrator,  how  can  that  be  when  he  never  did 
administer. 

This  settlement  quiets  the  mind  of  al  people  they  being  in  a 
capacity  to  recover  their  own.  An  Executor  taking  upon  him  the 
execution  of  a  will  has  as  much  power  to  sue  any  man,  as  any  man 
has  power  to  sue  him,  here  the  laws  has  its  current,  and  every  man 
will  injoy  his  right,  and  without  this  the  best  part  of  the  law  signifies 
litle. 

Officers  in  the  Office. 

A  Register,  Gierke,  and  an  Appariter. 

Fees  to  he  taken  in  the  Office. 


Rs.     Pice. 


The  Probate  and  seale  and  swearing  an 

executor       . .         . .         . .         . .  . .  3 

Ingrossing  of  a  wil     . .         . .         . .  . .  1 

For  Registing  it          . .         . .         . .  . .  1 

This  to  the  Register,  and  he  to  pay  his  Clerks 

and  to  be  at  al  charges  etce. 

For  an  Administration  and  Seale    . .  . .  6 

Entring  a  Caveat        . .         . .         . .  . .  0 

For  warning  a  Caveat            . .         . .  . .  0 

For  Coppiing  a  will    . .         . .         . .  . .  1 


08 
16 
16 


00 
12 
12 
16 


The  Register  to  be  at  al  charges  in  the  Ofi&ce  for  Pen,  Ink,  Paper, 
and  bookes. 

Al  wills  to  be  registed  and  bound  up,  and  to  be  kept  as  records 
in  the  office,  and  the  original  wil  to  be  there  also. 
Bookes  to  he  in  the  Office. 

A  Booke  of  Probates,  Administrations,  Caveats,  and  a  Calender, 
these  to  be  renewed  every  Yeare  at  the  Charge  of  the  Register. 

Al  Inventoryes  to  be  brought  into  the  office,  or  the  parties  to  be 
fined.  The  reason  for  this  is  because  if  Inventories  are  not  brought. 
Estates  wil  be  concealed,  and  so  Creditors  wil  be  defraued  [sic 
?  defrauded  ]. 

The  Charge  of  an  Inventorye  is  two  rupies  a  length,  it  being  twice 
writt  over,  one  for  the  partie,  the  other  to  remaine  in  the  office. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  493 

An  account  to  be  likwise  brought  in  the  charge  the  same  with  Public  Re- 
the  Inventory.  c     o      77'. 

The  third  paper  was  the  manner  of  keeping  a  Sessions,  ^'"^Yy^\^^^' 
dividing  Bombay  into  hundreds  which  is  as  following  vizt. 

Bombay  to  be  devided  into  three  hundreds.  The  hundred  of 
Bombay  of  Maym  and  Mazagan  each  hundred  to  have  a  Justice  of 
peace  and  Constable.  A  vSessions  to  be  held  every  month,  the  Justices 
of  every  hundred  to  be  there.  The  place  Bombay  and  the  Sessions 
to  be  kept  where  the  Court  of  Judicature  is  kept,  upon  every  complaint 
made  to  the  Justices  they  to  issue  out  their  warrant,  the  crime  to  be 
incerted  in  it,  the  Constable  to  serve  the  warrant,  if  possible  the  Justices 
to  make  freinds,  if  not  to  binde  them  over  to  the  Sessions  taking 
security  for  prosecuting  and  appearing,  sending  the  examination  to  the 
Clerk  of  the  Peace,  and  he  to  draw  up  an  Indictment,  if  no  security  can 
be  found  the  partie  to  be  sent  to  the  Gaile  til  next  Sessions,  there  to 
be  heard  before  the  Judg  and  Justices. 

Two  prisons  to  be  ordered,  one  for  debt,  the  other  for  felons,  both 
to  be  in  Bombay  and  the  prisoners  of  each  hundred  to  be  brought 
thither    by   the   Constable. 

A  sufficient  Person  to  be  chosen  Keeper  of  the  prison,  he  to  put 
in  security  to  the  Judg  against  al  escapes,  and  he  to  pay  the  debt  of  al 
escapes  and  to  be  recovered  by  Law. 

Upon  al  escapes  of  felons  and  murders,  the  Keeper  to  be  imprisoned 
and  to  be  severely  fined. 

Officers  belonging  to  the  Sessions. 

Clerk  of  the   Peace,    Clerks    and    Cryer  and   Interprotors. 

A  Constable  to  serve  but  one  yeare,  a  new  one  to  be  chose  every 
Easter  Mundy  by  the  major  Voices  of  the  Inhabitants,  he  to  be 
sworne  at  Sessions,  every  hundred  to  chose  their  own  Constable,  and 
no  Constable  to  serve  any  warrant  but  in  his  own  hundred. 

Church  wardens  to  be  annually  chosen  and  sworn  at  the  Sessions, 
they  to  see  al  people  come  to  prayers  mornings  and  Evenings,  al 
defaulters  to  present  them  at  the  Sessions,  as  also  al  drunkenness, 
swearing,  uncleanness  and  other  Debaucheries  that  they  may  be  fined 
according  to  their  Crimes. 

Overseers  of  the  high  waies  to  be  annually  chosen,  they  to  act  as 
neare  as  may  be  according  to  Law,  Custome,  and  Conveniency  of 
the  place. 

A  Register  to  be  made,  to  Register  al  mortgages,  Sales,  Deeds, 
Conveiances  and  alienations,   &c. 

A  Coroner  to  be  made  to  enquire  after  al  murders  and  casual  deaths, 
and  to  retourne  them  into  Sessions,  he  to  be  an  able  man. 

This  method  of  law  and  Government  thus  delivered,  was  fully 
and  freely  debated  where  the  Governor  was  pleased,  weighing  every 
particular  with  the  Council,  to  approve  of  the  whole,  and  ordered  that 


494  JOURNAL  OF  INDIAN  HISTORY. 

Public    Re-  the  Island   should   be  Govern'd   according   to   this   forme,  and  that 

cord    Office,  every  one  should  give  obedience  therunto. 
C.     O.     77,         ■'  ^ 

foUo  136.     '  -^^^  Honr.  after   this,    fel  upon   the  choise    of  fit  persons  to  act 

in  this  great  and  weighty  affair ;  where  like  a  prudent  and  wise  Senator, 
he  discoursed  very  excellently  upon  the  office  and  place  of  a  Judg, 
declaring  that  a  person  qualified  for  that  imploy  should  be  prudent, 
knowing,  grave  and  upright  in  his  life  and  conversation,  desiring, 
that  they  would  likwise  consider,  that  the  honor  of  our  English  nation, 
depended  upon  the  Choice  of  such  a  person,  this  being  so  wel  per- 
formed, and  he  having  received  such  satisfaction  from  the  method 
brought  in,  was  pleased  to  nominate  me  to  officiate  as  Judg.  I  was  so 
surprized  :  Knowing  my  inabilities  to  undertake  so  great  a  charge, 
desired  his  Honr.  to  make  Choice  of  another,  whose  parts  were  more 
able  to  perform  so  great  an  imploy,  but  the  whole  Council  approving 
of  the  Choice,  imediatly  voted  me  to  stand,  ordering  that  I  should 
fit  and  prepare  my  self  against  the  time  appointed,  and  likwise  find 
out  a  house  where  the  Court  of  Judicature  should  be  kept. 

The  next  thing  that  offered  was  setling  the  office  for  proving  of 
wills  and  granting  Administrations,  the  Governor  was  pleased  to 
conferr  that  upon  me  which  I  accepted  as  having  been  breed  thre[e] 
years  a  Clerk  in  the  Prerogative  Office.  His  Honr.  after  this  endeav- 
oring to  leave  nothing  undone,  that  might  make  the  place  happy, 
produces  the  Honble.  Company  orders  for  setling  a  Register,  for 
Registring  all  Mortgages,  Sales,  Deeds,  Alienations  &ca.  which 
Registry  I  have  also  accepted  as  belonging  partly  to  the  law,  as  likwise 
the  establishing  a  Court  of  Conscience. 

This  being  done,  the  Governor  and  Council  tooke  me  off  of  al 
manner  of  trade  and  commerce  appointing  me  wholy  to  the  study  of 
the  Law,  and  to  spend  my  time  in  reading  such  bookes  as  might 
advantage  me  to  performe  my  duty  in  so  high  a  place. 

This  disinabled  me  from  improving  that  litle  stock  which  was 
spared  from  my  wife  and  Children,  I  must  be  no  merchant,  so  that  I 
can  neither  serve  your  Honr.  in  trade,  nor  advance  my  fortunes  by 
commerce,  I  can  expect  no  riches  but  what  my  salary  wil  make,  and 
truly  25i.  per  Annum  wil  be  but  litle.  A  penny  improv'd  may  turn  to  a 
pound,  but  when  that  is  denied  it  will  be  just  like  the  mans  talent  in  the 
Gospel,  it  was  the  same  when  he  tooke  it  out  of  the  ground  as  when 
he  put  it  in.  This  applied  wil  be  just  as  I  came  out,  so  I  returned, 
I  hope  I  shal  not  gaine  your  Hours,  displeasure  by  this,  I  humbly 
throw  my  self  and  consernes  at  the  Honble.  Company's  feet,  not 
questioning,  but  if  any  thing  be  done  to  make  myself  and  family  som- 
what  happy,  their  Honrs.  wil  not  be  displeased  with  it,  especially 
when  their  interest  is  no  waies  prejudiced. 

My  salary  came  next  in  debate  :  which  before  any  thing  like  a 
proposal  came,  Several  things  were  offered,  it  was  thought  convenient 
I  should  keepe  house,  and  my  Table  should  be  so  furnished,  that  their 
Honrs.  should  have  creditt,  and  strangers  entertainment,  this  tooke 
up  some  time,  for  the  Governor  debating  the  Honble.  Company's 
interest,  tooke  care  they  should  not  be  charged,  yet  something  was 
to  be  done,  that  a  creditt    might  go  along  with  this  new  setlement, 


ANGLO-PORTUGUESE  NEGOTIATIONS.  495 

and  it  was  agreed,  that  I  should  have  an  esteem  put  upon  me  by  living  ^^^^^r^^' 
somwhat  answerable  to  my  place.      Things    standing  thus,  a  sume  ^     q      7?! 
was  pitcht  upon,  which  was  2000  rupies  annually,  and  that  to  be  paid  vo  i.   X 1 1,' 
out  of  fines,  provided,  they  were  sufficient,  if  not,  to  be  made  up  out  folio  136. 
of  the  Treasury,  this  past    with  some   litle  difficulty,  because  your 
Honrs.  were  wholy  considered,    before    the    Sume    was    concluded. 
I  hope  as  the  law  has  a  repute  upon  the  place,  so  it  wil  not  be  chargable 
to  your  Honrs.  the  Island  is  so  poore,  that  forma  pauper  have  been 
most   of  our  Clients,  but  hitherto  all  Officers  as  Clerks,  Tipstaves, 
Messengers,  Interpretors  of  the  Portugal  and  Cannary  languages,  and 
al  charges  belonging  to  the  monthly  Sessions,  have  been  paid  by  me 
out  of  fines  ;     As  to  my  self,  I  had   rather  have  your   Honrs.  favour 
with   a   litle,  then  abundance,  with  displeasure,  but  question  not,  as 
the  Inferior  Officers  have  their  being  from  the  Law,  my  self  wil  not  be 
excluded.      This  being  so,  I  humbly  beg,  that  what  hath  past,  your 
Honrs.  wil  approve,  and  that  your  great  wisdomes  wil  be  satisfied,  that 
nothing  was  done,  nor  acted,    before   your    Honrs.    concernes    were 
debated,  which  being  truly  considered,  I  am  verily  perswaded,  that 
where  your  servants  are  made  happy  through  honest  meanes,  your 
Honrs.  wil  rather  encourage  them,  then  be  dissatisfied. 

The  first  of  August  drawing  nigh,  the  President  &ca.  Council 
thought  fit;  that  so  great  a  day,  should  not  pass  without  somthing  of 
honor,  for  had  there  been  no  solemnity  with  this  Change,  the  Peoples 
disesteeme  of  us,  would  have  been  greater  then  their  satisfaction. 
Meddals  were  ordered  to  be  made  and  flung  among  the  people,  and 
this  to  let  them  see,  that  what  was  done,  could  as  wel  be  rriaintained. 

The  managment  of  this  great  business,  was  wholy  left  to  our 
prudent  and  Worthy  Governor,  whose  great  wisdome  appeared  in 
this,  that  there  was  so  great  a  Grandure  with  so  Httle  expensis.  The 
day  being  now  come,  and  every  one  in  a  readiness  to  attend  the 
Governor,  there  fel  so  prodigious  a  quantity  of  raine,  that  his  Hour 
was  forct  to  put  of  the  solemnity  til  the  eight  day.  The  order  of  our 
going  to  the  Court  of  Judicature,  and  the  works  of  the  day  be  pleased 
to  take  as  Followeth,  vizt. 

Fifty  Bandaries  in  Green  liveries  marching  two  by  two. 

20  Gentues      ") 

20  Mooremen    }■  each   representing  their   several   cast  or  sect 

20  Christians  J    marching    two    by    two. 

His  Honrs.  horse  of  State  lead  Dy  an  Englishman. 

Two  trumpets  and  Kettle  Drums  on  horse  back. 

The  English  and  Portugal  Secretary  on  horse  back  carrying  his 
Majesties  letters  Patents  to  the  Honble  Company  and 
their  Comission  to  the  Governor  tyed  up  in  scarfes. 

The  Justices  of  the  Peace  and  Council  richly  habited  on  horse 
back. 

The  Governor  in  his  Pallankeen  with  fower  English  pages  on 
each  side  in  rich  liveries  bare  headed  Surrounded  at 
distance  with  Peons,  and  blacks. 


496  JOURNAL  OF  INDIAN  HISTORYi 

Public     Re-  The  Gierke  of  the  Papers  on  foot. 

C.     o.     77I  The  fower  Atturneys,  or  Common  Leaders  on  foot. 

f^ii^is^^^'  '^^^  keeper  of  the  prisons  and  the  two  Tipstaffs  on  foot, 

°  °       '  bare  headed  before  the  Judg. 

The  Judg  on  horse  back  on  a  Velvet  foot  cloath. 

His  Servants  in  Purple  serge  liveries, 

Fower  Constables  with  their  staves. 

Two   Churchwardens. 

Gentlemen  in  Coaches  and  Palankeens. 

Both  the  Companies  of  foot    (except  the    main    Guard) 
marching  in  the  Reare. 

•  [sic]  The  whole  as  aforesaid  marching  through  a  guard  of  the  militie* 

into  the  Bazar  neare  two  miles  in  circumference,  came  to  the 
Guild  Hal,  where  the  Governor  entring  the  Court,  tooke  the  Chaire, 
placing  me  next  to  him  on  his  right  hand,  and  the  Gentlemen  of  the 
Council  and  Justices  tooke  their  places  accordingly.  Proclamation 
being  made  and  silence  commanded,  the  Gierke  of  the  papers  read 
his  Majesties  letters  Patents  to  the  Honble  Company  for  the  Island 
Bombay,  then  the  English  Secretary  read  the  Gompanys  Gomission 
to  the  Governor,  which  being  done,  he  was  pleased  to  give  me  my  oath 
as  Judg,  as  also  my  Gomission,  which  was  likewise  read  ;  afterwards 
I  swore  the  several  Justices  of  the  Peace,  the  Governor  giving  them 
their  Comissions,  which  were  also  read  ;  next  I  swore  the  Publick 
notary  and  Coroner,  then  the  Clerk  of  the  Peace  swore  the  Church 
wardens  and  Constables,  and  their  staves  were  delivered  to  them  by 
the  Governor,  with  a  charge  to  execute  their  respective  offices  and 
places  honestly  and  uprightly,  after  this  the  Governor  standing  up 
(and  the  Court  also  rising)  was  pleased  to  make  a  most  excellent  speech 
in  commendation  of  the  English  laws,  which  afterwards  was  Inter- 
preted to  the  Portuguess  in  their  own  language  by  the  Portugal 
Secretary,  the  speech  is  as  folio weth.  Vizt. 

My  Worthy  Countrymen,  and  you  al  good  subjects  of  his  Sacred 
Majesty  and  of  the  Honble  Company.  It  is  not  unknown  unto  you 
that  the  first  of  August  was  Intended  for  the  celebration  of  this 
solemnity,  but  it  pleased  God  to  send  on  that  day  and  time  soe  great 
and  almost  prodigious  quantity  of  raine,  that  I  was  forced  to  suspend 
it  to  this  day.  It  seemes  providence  thought  good  to  order  some 
great  and  extraordinary  accident  to  attend  so  great  and  extraordinary 
a  worke,  to  render  it  the  more  remarkable  to  the  advancement  of  his 
Glory  ;  And  seing  it  is  now  soe  happely  performed,  I  cannot  doe  less 
then  in  soe  solemne  a  day  of  Joy  to  close  up  the  Ceremony  with  a  few 
words  of  consolation  and  advice. 

In  al  great  and  publique  alterations  of  Laws  or  Government  wise 
men  have  observed  that  the  minds  of  the  People  receive  Impressions 
of  satisfaction  or  disgust,  according  as  their  passions  or  Interests  doe 
Incline  them  to  like  or  dislike  the  Change. 

I  nothing  doubt  but  in  a  body  composed  of  soe  many  Casts  of 
people  as  are  on  this  Island,  some  though  very  few  disaffected  persons 
may  be  found,  who  more  in  regard  to  their  owne  ends  then   to   the 


ANGLO-PORTUGUESE  NEGOTIATIONS.  497 

publique  good,  doe  privately  wish  this  change  had  not  bin,  but  that  Public     Re- 
the  old  Custumes  had  bin  continued.     However  in  the  maine   I  dare  ^^'^^o  *^^77' 
boldly  affirme,  that  the  best  and  most  sober  part  of  al  the   several  y'o  |  'xil* 
Inhabitants,  nay  even  of  the  Portuguess  themselves  are  exceedingly  folio  136. 
satisfied  and  receive  the  establishment  of  the  English  Laws  with  much 
assurance   of  happiness  and   security  therfrom. 

Two  things  have  caused  some  admiration  in  the  minds  of  wise 
and  considering  men,  as  wel  among  our  selves  as  of  our  neighbours. 

First  why  the  English  having  had  possession  of  this  Island  now 
seaven  years  have  not  in  al  this  time  governed  by  their  own  laws. 

Second  why  this  Port  and  Island  hath  not  thriven  in  trade 
and  repute  according  to  expectation,  seing  the  English  are  knowne 
to  be  a  nation  soe  happy  and  succeedful*  in  their  enterprizes,  that  •  Isic] 
wherever  they  plant  their  foot,  through  the  blessing  of  God  on  their 
Industry,  Trade  and  riches  doe  attend  them.  As  not  only  India  but 
most  parts  of  the  habitable  world  can  beare  them  wittness. 

To  the  first  consideration  I  shal  say  nothing  at  this  time ;  But 
to  the  last  I  am  free  to  declare  my  Judgment.  That  the  only  cheife 
reason  why  this  Island  Bombay  hath  not  increased  in  trade  and 
splendour,  hath  bin  for  want  of  the  English  laws.  But  in  this  my 
assertion  I  would  not  be  misunderstood,  for  I  speake  not  this  in 
derogation  of,  or  dishonor  to  the  Laws  of  the  Kingdome  of  Portugal, 
for  I  know  and  declare  them  to  be  excellent  wise  and  pious  Laws,  But 
as  it  is  manifest  that  all  Countrys  and  Kingdomes  are  Governed  by 
Rites,  Customes  and  constitutions  in  the  Execution  of  the  Laws 
peculiar  to  themselves,  soe  tis  an  undoubted  Maxime  that  those 
constitutions  may  stand  with  the  good  and  Publique  benefit  of  one 
nation  which  wil  not  square  or  beare  proportion  with  the  Interest  of 
another. 

This  is  the  true  State  of  the  Case  with  us.  The  English  Interest 
on  this  Island  Bombay  I  may  well  compare  to  an  hopeful  Child  fed 
with  forreigne  milke  ;  which  not  agreeing  with  its  natural  constitution, 
hath  hindered  its  gioweth,  and  increased  evill  humors  ;  But  now  being 
restored  to  the  breasts  of  its  own  mother,  there  is  no  question,  through 
the  Providence  of  God,  it  will  in  time  grow  in  Stature,  good  fortune 
and  in  favour  with  God  and  man. 

And  we  may  reckon  the  series  of  its  good  successe  from  the 
commencement  of  this  happy  day,  I  say  this  happy  day,  for  it  is  a 
day  of  Joy  and  no  mean  consolation  ;  A  day  of  praise  to  God,  and 
which  wee  ought  to  have  in  remembrance,  and  truly  amongst  many 
blessings  which  the  Divine  hand  hath  pleased  to  conferr  on  me  ;  I 
owne  this  with  a  just  devotion  as  a  most  remarkable  providence  over 
me,  that  God  hath  preserved  me  to  this  day  to  be  a  faithfull  though  a 
mean  Instrument  of  soe  good  a  worke. 

Formerly  the  name  of  the  English  Nation  was  knowne  to  these 
parts  only  by  the  honesty  of  theii  traffique,  but  now  I  trust  in  God 
through  the  just  execution  of  these  laws,  that  our  Neighbour  nations 
will  have  cause  to  say  of  us,  as  Moses  discourses  of  the  Children  of 
Israel,  and  their  Laws  in  his  Excellent  speech  which  he  makes  them 


498  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-  in  the  4th  Chapter  of  Deuteronomy.    The  nations,  saith  he,  which  are 

C*'^^  0^^77'  ^^^^  y^^  hearing  of  your  statutes  and  Judgments  will  say, 

Vol.  Xll!  ^      ,      ,  .  .       . 

folio  136.  Surely  this  great  nation  is  a  wise  and  an  understanding  people, 

for  what  nation  is  there  soe  great  which  hath  statutes  and    Judge- 
ments soe  Righteous  as  all  these  Laws  which  I  set  before  you  this  day  ? 

Many  Nations  have  been  famous  for  just  and  wholesome  Laws 
as  the  Jews,  the  Athenians,  the  Lacedemonians,  the  Persians  and 
Romans  and  others.  As  to  our  Laws,  I  shal  not  enter  into  a  large 
emcomium  of  them,  but  in  breife  tel  you,  that  these  Laws,  I  say  the 
nationall  Laws  of  England,  as  also  that  Excellent  Abredgement  of 
them  recommended  by  the  Honble.  Company  are  grounded  on  the 
Laws  of  God  written  in  his  holy  word,  and  on  the  Laws  of  nature 
stamped  on  the  heart  of  man,  and  they  are  compiled  from  the 
quintessence,  or  best  part  of  all  other  Laws,  especially  those  of  the 
Roman  Empire,  which  in  their  time  were  held  as  Sacred.  But 
herein  ours  seem  to  have  the  advantage,  in  that  they  are  free  from 
the  laborious  ceremony  of  the  one,  and  from  the  Intricacy  and 
corruption  of  the  other.  I  doe  therfore  pronounce  you,  the  Inhabitants 
of  this  Island,  of  what  quality  soever,  to  be  happy  in  them,  and  I 
doe  require  you  all,  in  the  name  of  his  Sacred  Majestic  and  of  the 
Honble.  Company,  to  acquiess  therin.  Assuring  your  selves  of  Justice 
and  security  in  your  lives,  in  your  liberties,  in  your  families,  in  your 
Estates,  goods  and  prosperityes,  and  what  ever  you  can  in  equity 
pretend  to  or  call  your  owne.  But  Laws  though  in  themselves  never 
so  wise  and  pious  are  but  a  dead  letter  and  of  litle  force  except  there  be 
a  due  and  impartiall  execution  of  them.  I  must  now  therefore 
address  my  discourse  to  you.  Worthy  Sir,  who  are  appointed  to  be  the 
Reverend  Judge  of  this  Court  of  Judicature,  and  the  faithful  Adminis- 
trator of  these  Laws.  I  need  not  tell  you  what  a  great  and  important 
trust  is  Committed  to  you,  nor  need  I  bespeake  your  care  and  Integrity 
in  your  discharge  of  your  Duty,  for  you  are  fully  sencible  of  the  one, 
and  I  am  sufficiently  convinced  of  the  other,  I  shall  only  tell  you  that 
you  have  the  Charge  of  God  upon  you,  the  Command  of  his  Majestic 
and  the  Honble.  Company,  and  by  their  order  and  authority  from 
me  to  deal  Impartial  Justice  to  all  with  out  fear,  favour  or  respect  of 
Person. 

The  Inhabitants  of  this  Island  consist  of  severall  nations  and 
Religions  to  wit — ,  English,  Portuguess  and  other  Christians,  Moores, 
and  Jentues,  but  you,  when  you  sit  in  this  seat  of  Justice  and  Judge- 
ment, must  looke  upon  them  all  with  one  single  eye  as  I  doe,  without 
distinction  of  Nation  or  Religion,  for  they  are  all  his  Majesties  and  the 
Honble.  Companys  Subjects  as  the  English  are,  and  have  all  an 
equall  title  and  right  to  Justice  and  you  must  doe  them  all  Justice, 
even  the  meanest  person  of  the  Island,  and  in  particular  the  Poore, 
the  Orphan,  the  Widdow  and  the  stranger,  in  al  matters  of  controversy, 
of  Common  right,  and  Meum  and  Tuum  ;  And  this  not  only  one  against 
the  other,  but  even  against  myself  and  these  who  are  in  office  under 
me,  nay  against  the  Honble.  Company  themselves  when  Law,  Reason 
and  Equity  shal  require  you  soe  to  doe,  for  this  is  your  Duty  and 
therin  will  you  be  justified,  and  in  soe  doing  God  wil  be  with  you  to 
strengthen  you,  his  Majestie  and  the  Company  will  comend  and  reward 


ANGLO-PORTUGUESE  NEGOTIATIONS.  499 

you,  and  I,  in  my  place,  shal  be  ready  to  assist.  Countenance,  honour  Public  Re- 
and  protect  you  to  the  utmost  of  the  power  and  Authority  entrusted  ^^^  Oflace, 
to  me  ;  And  soe  I  pray  God  give  his  blessing  to  you.  y  ^  ^-^  j  j* 

The  Governor  having  ended  his  speech  I  delivered  him  a  petition  ^°^^°^  ^^* 
on  behalf  of  al  prisoners  that  they  might  have  the  benefit  of  this 
happy  day  by  Injo5dng  their  libertie.  His  Honr.  was  pleased 
to  grant  me  the  petition,  and  Imediately  liberty  was  proclamed  with 
great  acclamation,  and  the  prison  doores  set  open,  this  being  done, 
Our  Worthy  Governor  rises  out  of  the  Chair  and  was  pleased  to  put 
me  in,  commanding  that  obedience  should  be  given  me  by  the  Court, 
and  al  else  in  that  place  of  Judicature,  which  concluded  the  ceremony 
and  worke  of  the  day  with  great  shouts  and  acclamation  of  God  save 
the  King  of  Great  Brittaine  and  the  Honble.  Company.  His 
Honr.  foreseeing  that  the  concourse  of  people  might  hinder  his 
passage  in  marching,  appointed  a  master  of  the  Ceremonies  to  keep 
good  orders,  and  where  he  saw  a  great  press  to  fling  the  meddals 
amongst  them,  which  was  coyned  for  that  purpose.  The  Governor 
was  pleased,  with  the  whole  Court,  to  march  afoot  to  the  fort,  where 
he  was  received  and  saluted  by  the  two  Companies  drawn  up  with  three 
vollies  of  smal  shot  and  31  Great  ordinance,  and  at  night  great  Bonfires 
were  made  and  the  whole  Island  filled  with  rejoycing. 

I  doubt  I  have  troubled  your  Honrs.  in  this  tedious  relation, 
but  the  time  that  is  now  spent  I  hope  will  prove  happy  because  your 
Island  is  soe.  Never  was  there  a  joyfuller  day ;  the  whole  Island  is 
become  English  ;  wee  are  incorporated  and  our  Interest  is  al  one, 
nothing  striks  them  into  a  greater  admiration  then  our  Justice,  the 
sound  whereof  remaines  not  only  with  us  but  hath  reacht  our 
neighbours  eares  ;  many  being  willing  to  come  amongst  us,  there  is  no 
question  but  God  who  hath  done  this,  wil  give  his  blessing  to  it,  and 
those  who  know  him  not  in  Utle  time  may  be  brought  to  fear  his  name, 
for  all  kind  of  vice  is  discouraged,  swearing  and  profaning  the  Lord's 
day  punnished  and  al  uncleanness  severely  chastised.  I  cannot 
omitt  to  give  your  Honrs.  an  account  what  passed  at  our  Sessions 
(upon  the  account  of  rape  the  manner  thus)  :  one  of  your  private 
Centinels,  a  Dutch  man,  enters  a  womans  house,  and  offers  incivilities 
to  her,  she  refusing,  he  puis  her  forth  by  the  hair  of  her  head,  draging 
her  towards  the  Sea  amongst  a  company  of  rocks,  she  made  a  great 
outcry  caling  out  for  help,  but  he  drawing  out  his  sword  put  it  to  her 
brest,  swearing  terrible  oaths  he  would  have  his  wiU  or  he  would 
murder  her,  some  of  the  Country  people  hearing  a  voise  came  to 
see  what  was  the  matter,  they  were  no  sooner  espied  by  this  feUow, 
but  he  makes  to  them  with  his  sword  drawn,  and  makes  them  al 
fley  ;  the  woman  by  this  had  means  to  run  away,  but  he  left  persu- 
ing the  people  and  overtooke  her,  draging  her  by  the  hair,  and  gaggs 
her,  puting  his  sword  to  her  brest,  swearing  being  she  would  not 
consent  to  him  willingly  he  would  make  her  by  force  or  he  would  kil 
her ;  she  could  make  no  further  outcry  he  having  ramed  his  hanker- 
chief  in  her  mouth,  and  he  stil  using  this  violence  by  drawing  her 
amongst  the  rocks,  with  his  sword  to  her  brest,  overcame  the  poore 
woman  (being  tired  with  strugling)  and  satisfied  his  beastiaUty ;  the 
woman  and  her  husband  complaining  he  was  comitted,  an  Indictment 
was  drawn  up  against  him  and  the   Jury,   upon  the   woman's   and 


500  JOURNAL   OF  INDIAN  HISTORY. 

Public     Re-  witnesses'  oaths,  brought  him  in  guilty,  and  accordingly  had  his  sentence 

C°'^^0^^77'  *°  ^®  hanged,  but  execution  day  being  the  day  after  the  agreement 

V  o  1.  X  1 1,  was  made  between  your  Hours,   and  the   people  of  this  Island,  they 

folio  136.     '  begged  his  life,  which  the  Governor  was  pleased  to  grant  but  banished 

him  imediatly  of  the  Island.     This  gave  a  General  satisfaction  to  the 

people,  and  has  brought  such  a  repute  to  our  Justice,  that  they  think 

themselves  happy  under  our  Government. 

And  that  the  Honble.  Company  may  not  be  unacquainted 
with  the  whole  proceedings  of  their  Island,  be  pleased  to  pardon  me 
if  I  trouble  your  Hours,  with  what  hath  passed  at  our  private  Sessions. 

A  french  man  had  his  house  puld  down  for  seling  drink  and 
permitting  publick  gaming  on  the  Lord's  day  in  time  of  prayer,  as  also 
for  harbouring  lewd  women,  and  suffering  al  kind  of  debauchery,  and 
al  this  after  warning  given  him  to  the  contrary. 

Several  persons  fined  for  their  contempt  and  obstinancy  in 
refusing  to  come  to  Church,  spending  their  time  in  publick  house  to 
the  scandoll  of  our  Christian  religion  and  contempt  of  Government. 

The  Butchers  and  Fishermen  warn'd  in  to  supply  the  markets 
with  fish  and  flesh  at  moderate  rates,  that  housekeepers  may  not  be 
at  a  losse  to  provide  for  their  families,  nor  Europe  ships  for  fresh 
provissions  at  their  arrival. 

An  Hospital  to  be  provided  for  the  sick,  that  care  may  be  taken 
out  in  orr^  *^^"^  ^y  *^^  Dcctors  (in  one  place  *),  and  this  to  be  done  without 
nal].  charge  to  the  Honble.  Company. 

Care  taken  for  the  mending  and  making  publick  high  waies  from 
place  to  place,  and  this  to  be  done  at  the  publick  charge. 

Several  publick  drinking  houses  put  downe  for  permitting  al 
manner  of  debauchery  and  wickedness  and  seUng  drink  without 
license. 

I  shal  not  insert  further  for  fear  of  being  tedious,  my  Duty 
commands  me  to  a  just  account,  if  in  that  I  have  been  troublesome : 
tis  my  zeale  to  your  Hours,  service,  which  as  it  requires  my  faith- 
fulness, so  I  hope  it  wil  beg  my  pardon,  my  conclusion  shal  be  my 
prayers  that  God  that  hath  made  your  Hours,  famous  here  wil  likwise 
make  you  happy  hereafter. 


George  Wilcox. 


Bombay  30  December  1672. 
[Endorsed.] 

George  Wilcox  Narrative 
concerning  the  establishing 
the  English  laws  on  Bombaay. 

No.  4. 
Received  13  August  1673 
per  the  Rainehow. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  501 

A  Court  of  Committees  holden  the  I4th  day  of  February  1672  [1672/3]. 

On  reading  a  letter  from  Sir  Rob.  Southwell  with  one  enclosed  Court  Book, 
written  him   by  the   Portugal   Ambassador,  desiring  the  Companys  ^  ^  J^^ -"^  ^  • 
Orders  to  the  President  at   Surat  for    reestablishing  the  Portuguez  ^^^^ 
Jesuits  in  their  Estates  at  Bombay  ;    It  is  ordered  that  it  be  referred 
to  the  Committees  for  Suratt  to  peruse  the  Orders  already  made  in 
this  busines,  and  what  hath    been   written  by  our  Factors  of  the 
proceedings  at  Goa  ;  and  to  make  Report  thereof,  with  their  opinion 
what  answer  is  fit  to  be  given  to  Sir  Robert  Southwell  touching  the 
same :  and  the  care  thereof  is  referred  to  Maj :   Thomson. 

The  following  important  document  supplies  us  with  very 
valuable  information  on  many  striking  events  of  that  stormy 
period.  That  the  Company  suffered  from  Sivaji's  depredations 
Is  clear  from  the  various  accounts  of  its  factors. 

Wee  come  now  to  acquaint  you  with  the  Occurences  of  these  Public  R  e  - 
parts  since  the  last  Monsoone.  The  Patans,  a  people  bordering  on  cord  Office, 
Candaharr,  are  fallen  into  the  Mogulls  Territories,  and  taken  the  ^-  ^-  ^^' 
Province  of  Cabull,  driving  Mohobutt  Cawne  out  of  the  cheife  Citty,  jQ^Q^ao.  ' 
so  named  where  they  have  seated  themselves,  and  as  yet.  Wee  heare 
not  of  any  Army  the  Mogull  hath  sent  against  them  to  recover  the 
Country.  Sevagee  hath  fallen  into  the  King  of  Visapores  Country 
(who  deceased  this  yeare)  and  rob'd  divers  places  of  Consequence,  and 
taken  some  castles,  among  other  places  Hubely  that  Mart  of  our  Carwarr 
Factory  where  wee  sell  and  buy  most  of  the  goods  that  Port  affords  us. 
There  the  Honble.  Company  have  lost  to  the  amont  of  about  £3500  ster- 
ling rob'd  by  Sevagee 's  soldiers,  since  which  inrodes  the  Visapore  King 
hath  sent  an  Army  against  him,  and  on  this  side  lyes  the  Mogulls  forces, 
against  both  which  he  hath  raised  a  Potent  army.  And  hath  so  well 
fenced  the  Avennues  into  his  Country,  that  he  hopes  to  deale  with 
them  both,  though  wee  beleive  the  Visapore  Army  may  withdraw 
it  not  being  the  Interest  of  that  King  to  destroy  Sevagee  who  is 
the  only  Bullwark  betweene  him  and  the  Mogull.  And  notwithstanding 
he  is  thus  besett  yett  upon  any  rumour  of  an  army  being  within  60  miles 
of  Surrat  the  Towne  is  allarmd  and  ready  to  fly,  as  they  were  the  passed 
month,  when  the  Gates  were  shutt  up  for  some  time  to  keepe  the  people 
in.  The  French  at  St.  Thoma  beat  off  the  Golcundah  army,  and  raised  the 
seige  (this  wee  think  wee  advised  the  last  Monsoone)  afterwards  Mounsieur 
La  Hay  the  Vice  Roy  with  two  shipps  of  Warr  went  to  Metchlepatam 
where  he  burnt  5  or  6  Jonncks  and  threatned  the  Towne  if  that  King 
would  not  come  to  a  peace  with  them.  Haveing  spent  there  some 
time  in  the  Month  of  June  he  returned  to  St.  Thoma  where 
unexpectedly  he  found  Rickleffe  Van  Goens  with  a  Fleete  of  19  men 
of  Warr  before  it,  he  stood  in  for  the  Road  but  the  wind  chopt  about 
and  having  discharged  some  broad  sides  with  the  outermost  Shipps 
he  stood  off  to  Sea  and  fell  in  with  some  Port  about  30  Leagues  to  the 
Southward  where  hee  had  not  beene  long  but  hee  espied  our  Fleete  of 
shipps  bound  from  England  which  hee  tooke  to  bee  the  Dutch  Fleete 
pursuing  him  he  sett  sayle  again  and  put  for  St.  Thoma  where  it 
was  his  good  fortune  that  the  Dutch  were  gone  from  the  place  after 
they  had  discharged  some  broad  sides  against  it,  and  he  gott  safe  into 
his  Goverment  where  not  long   before    Mounsieur    Baron  one  of  the 

J 


502  JOURNAL  OF  INDIAN  HISTORY. 

Public  Re-  Directors  Generall  here  was  safely  arrived  with  3  Vessells  from  Surrat. 
«>rd  ^*^®'  The  Dutch  have  bin  using  all  their  Interest  in  the  Golcundah  Court 
V  o  1.  X  1 1'  to  draw  downe  their  forces  again  to  beseige  it  by  land  and  they  will 
folio  230.  '  beseige  it  by  Sea,  and  promise  to  deliver  the  Citty  to  the  King,  but  as 
to  their  further  proceedings  against  St.  Thoma  wee  have  not  yet 
advice  And  our  Fleets  arrivall  on  that  Coast  the  26th  June  might  put 
the  Dutch  Gennerall  upon  other  Counsells.  The  Massingberd  spend- 
ing her  head  and  Boltsprite  put  back  againe  to  England  but  blessed 
be  God  came  safe  into  Madrasse  road  and  Joyned  with  the  Fleete  the 
30th  July.  Wee  heard  by  Letters  from  thence  in  August  that  Van  Goens 
with  a  Fleete  of  22  Sail  (but  some  of  them  crasy  shipps  and  not  very 
well  manned,  only  his  owne  shipp  had  65  brasse  Gunns  250  men)  were 
off  Negapatam  neare  Ceilon,  whence  upon  occasion  he  might  drawe 
more  men  from  his  Garrisons,  and  probably  attend  the  motion  of  our 
Fleete  in  passing  about  Ceilon,  but  Wee  have  no  advice  of  any  Actions 
nor  heare  not  from  Sir  William  Langhorne  of  their  Departure  toward 
us  though  he  promised  to  dispatch  them  the  1st  of  September  and 
send  us  advise  thereof  imediately,  but  wee  beleive  hee  sent  directly 
to  Bombay,  and  the  Army's  lying  in  the  way  may  have  hindred  the 
passage  of  the  Cossetts.  Wee  are  now  hourely  expecting  newes  of 
their  Arriveall  on  this  Coast,  for  Wee  trust  in  God  they  were  able  by 
his  protection  to  make  their  way  through  the  Enemy. 

[Endorsed.] 

Occurrences  in  India  from 

May  1673  to  November  following. 

The  Company's  petition  to  Charles,  reproduced  below,  sum- 
marises the  causes  of  its  conflict  with  the  Portuguese.  A  compar- 
ison of  its  grievances,  with  the  rights  enjoyed  by  the  Portuguese 
by  their  Treaty  with  Humphrey  Cook,  leads  me  to  beUeve  that 
some  of  the  actions  of  the  Portuguese  were  permissible  under  the 
Treaty.  The  main  fault  of  Charles  lay  in  not  repudiating  that 
indefensible  convention  earlier.  As  regards  the  question  of  the 
dependencies,  the  cession  of  Bombay  did  not  involve  the  cession  of 
adjoining  territories,  and  Bassein  was  no  more  a  dependency  of 
Bombay  at  that  period,  than  was  Thana.  The  Treaty,  it  will  be 
remembered,  had  ceded  Bombay  and  its  "  appurtenances ". 
This  term  was  in  itself  liable  to  endless  discussions,  and  we  are 
not  surprised  to  find  Charles  insisting  on  the  deUvery  of  Thana. 
It  is,  however,  clear  that  the  Portuguese  exceeded  the  limits 
assigned  to  their  privileges,  and  that  they  made  it  impossible  for 
the  Company  to  prosecute  their  trade  in  safety.  The  Company 
requested  Charles  to  examine  the  right  and  extent  of  its  dominion 
in  Bombay,  and  this,  as  we  shaU  see,  was  done  with  characteristic 
thoroughness. 

George  Wilcox's  quaint  narrative  of  the  establishment 
of  Law  in  Bombay  should  be  compared  with  the  vigorous 
representations  of  the  Company  to  Charles  11.    The  one  gives  a 


ANGLO-PORTUGUESE  NEGOTIATIONS.  503 

vivid  picture  of  the  simple  splendour  and  homely  saws  of  the 
honest  Governor,  the  other  an  energetic  protest  against  the 
encroachments  of  their  wily  neighbours.  That  these  encroach- 
ments were  the  inevitable  outcome  of  their  own  cupidity  and 
ignorance  is  complacently  ignored  by  that  eminently  "  just  " 
institution  ;  nor  do  they  pay  much  heed  to  the  original  rights 
exercised  by  the  Portuguese  in  that  part.  Of  the  legality  of 
these  rights  there  is  no  more  doubt  than  there  is  doubt  of  their 
injurious  effects  on  the  Company's  trade.  Legally,  the  Portu- 
guese were  in  a  very  strong  position,  and  the  Company's  mis- 
take consisted  in  trying  to  argue  away  all  the  rights  secured 
by  them  under  their  treaty  with  Cook.  Charles  cut  the  Gordian 
knot  by  repudiating  the  Treaty  altogether.  This,  it  must 
be  confessed,  was  the  only  possible  step,  as,  of  course,  it  was 
the  logical  deduction  from  the  insecure  legal  position  in  which 
the  poor  Company  was  placed.  The  following  petition  sums 
up  all  the  causes  of  this  quarrel : — 

To  the  ELinga  most  Excellent  Majestic.  Public     Re- 

The  humble  petition  and  Representation  of  the  Governor  cord    Office, 
and   Company  of   Merchants  of   London    trading  to  ^^^yQi^'xiU 
East  Indies  touching  the  Rights  of  the  Port    and    Bay  of  foUo  47. 
Bombaim. 

Sheweth 

That  your  Majesty  being  by  a  Treaty  with  the  Crown  of  Portugal 
seised  of  the  Port  and  Island  of  Bombay  in  the  East  Indies,  with  all 
the  Rights  territories  and  appurtenances  thereof  whatsoever,  aswel 
the  property  as  the  full  dominion  and  sovereignty  of  the  said  Port  and 
Island,  with  all  the  Royalties  thereof  ;  aswel  in  order  to  augment  the 
Interest  and  Trade  of  the  English  in  those  parts  (which  are  the  words 
of  the  said  Treaty)  as  to  enable  them  to  assist,  defend  and  protect  the 
Subjects  of  Portugal  against  their  enemies  :  Your  Majesty  did  in 
your  Princely  wisdom  think  it  convenient  (after  several  years  govern- 
ing that  place  by  your  imediate  Ofi&cers)  to  grant  and  transferr  the 
said  Port  and  Island  of  Bombay,  with  the  appurtenances,  unto  your 
petitioners,  who  having  applied  themselves  with  great  expense  to 
build,  cultivate  and  fortify  the  said  place,  so  as  to  make  it  for  all  ages 
beneficial  to  your  Majesty  and  your  Kingdoms,  and  even  useful  to 
your  Allies  of  the  Crown  of  Portugal,  according  to  the  original  scope 
and  intendment  of  the  said  Treaty,  Your  Petitioners  have  yet  from 
time  to  time  met  with  so  much  unkindness  and  such  arguments  of 
malevolence  in  the  Portuguese  Governors  in  those  parts  against  the 
prosperity  and  settlement  thereof,  that  they  are  constrayned  now 
again  to  appeal  unto  your  Majesty  for  justice  and  protection.  And 
in  truth,  their  grievances  doe  most  peculiarly  concern  your  Majesty 
to  redress  and  vindicate,  as  relating  to  your  Majesties  Sovereignty 
and  the  Royalties  of  the  place,  which  those  people  most  despitefully 
endeavour  to  overthrow. 


504  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-         Your  Majesty  may  vouchsafe  to  call  to  mind  the  difficulties  which 
a>rd    Office,  attended  the  first  possession,  even  while  the  Treaty  was  fresh,  while 
Vol    xill'  ^^^^  Crown  was  involved  in  warrs,  and  your  Majesties  Troops  in  actual 
folio  47.      '  service  in  Portugal.     How  that    by  the  perversness  of  a  Governor 
(though  carried  over  to  that  very  intent)  the  whole  voiage  of  the  Lord 
Marlebrough  and  his  Squadron  was  overthrown,  to  your  Majesties 
great  damage  and  the  possession  utterly  refused,  until  fresh  orders 
could  come  into  India.     In  which  time,  of  500  English  Soldiers  sent 
over  under  Sir  Abraham  Shipman  to  enter  and  secure  the  place,  300 
of  them  miserably  died  with  want  and  extremities  in  a  small  desolate 
Island,  which  was  the  onely  place  of  refuge  they  had.  So  that  when  at 
length  the  residue  entred  into  Bombay,  they  were  not  in  a  condition 
to  dispute,  but  minded  at  that  distance  their  own  preservation  more 
than  any  Royalties  or  Dependencies  of  the  place.     And  what  by  the 
death  of  some  and  want  of  vigour  or  capacity  in  others  that  command- 
ed there,  your  Majestie's  Rights  were  not  asserted.     After  which,  your 
Majesty  was  graciously  pleased  to  grant  the  same  to  the  Petitioners. 
They  at  their  very  entrance  found  the  effects  of  this  distraction,  and  all 
advantage  taken  by  the  Portugueses  from  the  disadvantages  they 
themselves  created.     And  because  your  Petitioners  heard  it  alleged. 
That  if  more  indulgence  were  expressed  by  them  to  the  Portugueses 
remaining  in  the  place,  all  these    hardships  would  be  soon  redrest. 
They  did  begin  and  so  effectually  apply   themselves    to    the  relief  of 
the  said  Portugueses  in  all  their  interests  and  pretensions,  as  to  leave 
none  of  them  with  any  just  cause  of  complaint. 

The  way  being  thus  prepared,  and  that  Article  of  the  Treaty  well 
weighed  and  considered,  which  did  transferr  the  Sovereignty  of  the 
place  and  of  its  dependencies  to  your  Majesty,  some  persons  of  account 
in  your  Petitioners  service,  were  by  them  sent  as  Comissioners 
solemnly  to  treat  with  the  Vice  Roy  of  Goa,  for  the  clearing  up  of  these 
points  :  but  after  aU  the  methods  of  fayr  treaty  and  other  perswasions 
were  attempted,  nothing  could  be  obtained  from  him  but  a  declaration 
of  want  of  orders  from  Portugal.  And  so  farr  he  appeared  from 
admitting  a  trade  or  good  correspondence,  which  was  also  insisted  on, 
according  to  the  cleer  and  express  tenor  of  the  said  treaty,  that  he 
expressly  forbade  the  setling  of  any  English  at  Basseen  or  Damon, 
or  even  the  intercourse  of  our  own  boats  from  Bombay  to  the  Mayn, 
especially  when  they  shall  bring  Tymber  or  Provisions,  from  whence 
onely  those  necessaries  can  be  had. 

Your  Petitioners  presume  to  annex  hereunto  the  11th  Article  of 
the  said  Treaty,  and  the  cleer  interpretation  it  seems  to  bear  :  which 
with  the  Mapp  will  plainly  shew  the  natural  dependencies  of  those 
small  places  adjacent,  as  the  memory  of  former  parties  wiU  also  justify 
the  whole  Right  of  your  Petitioners  present  demands  :  Yet  contrary 
to  so  much  justice  do  they  obstruct  the  freedom  of  trade,  and  the 
progress  of  your  Petitioners  endeavours  for  a  happy  settlement,  as  may 
appear  in  the  particulars  following. 

1.  They  doe  not  onely  refuse  to  deliver  to  them  those  small  Islands 
and  Dependencies  mentioned,  but  doe  on  some  of  them  so 
strengthen  themselves,  as  that  for  but  passing  by  in  the 
open  stream  and  at  a  distance  from  them,  sally  out  with 
their  boats,  and  lay  arbitrary  impositions  on  our  Trade. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  505 

2.  They  force  your   Petitioners  to    pay    Duties  for  passing  but*     •  [sic'] 

by  some  other  places,  which  were  known  to  depend 
absolutely  on  the  Custom  house  of  Bombay  (Mayhem)  and 
to  pay  themselves   their    Duties   there. 

3.  They  pretend  dominion  over  the  Portugueses  and  other  Subjects 

remaining  with  your  Petitioners,  and  to  so  much  of 
Sovereignty  in  the  very  Bay,  as  in  their  Brigantines  to 
wear  their  flag,  in  the  defiance  and  dishonor  of  our  Forts  : 
Nor  will  they  permit  our  own  Ships  to  sail  quietly  in  those 
parts,  without  the  protection  of  their  passports.  Your 
Petitioners  name  not  other  affronts  and  depredations 
that  are  often  susteyned,  but  these  particular  ones  would 
probably  all  cease  if  the  said  Article  were  duly 
observed. 

And  seeing  it  is  visible  that  in  India  the  same  Spirit  of  contradiction 
is  derivedf  to  all  other  Governors  which  was  so  prejudicial  to  your  *  r.  -i 
Majesty  in  the  first,  and  that  whatever  it  be  that  your  Petitioners 
expend  towards  their  happines  they  are  never  to  thrive  in  that  place, 
while  they  patiently  submit  to  injuries,  which  the  Governors  there 
declare  they  cannot,  or  at  least  will  not  redress. 

Your  Petitioners  therefore  most  humbly  implore  your  Majesty 
first  to  cause  the  right  and  extent  of  your  Dominion  in  that 
place,  granted  by  the  said  Treaty,  to  be  examined  ;  and  if 
they  appear  to  have  been  thereby  conveyed  to  your 
Majesty,  that  your  Majesty  would  vouch  safe  to  assert 
tbem,  for  your  own  honour  and  the  protection  of  your 
Subjects,  that  your  Petitioners  may  be  restored  to  the 
sole  dominion  of  the  said  Island,  and  that  in  the 
mean  time  till  the  said  claim  can  be  examined  and 
asserted,  as  your  Petitioners  doe  much  esteem  and  in  all 
things  cultivate  the  friendship  of  the  Portugueses 
(which  your  Majesties  strict  alliance  with  that  Crown  doth 
require)  So  they  beseech  your  Majesty  to  procure  from 
his  Royal  Highness  the  Prince  Regent  of  Portugal,  an 
effectual  command  to  his  Officers  and  Ministers  in  India. 
That  noe  Governor  or  other  person  may  henceforth 
presume  by  erecting  of  a  Blockhouse,  to  obstruct  the 
English  from  passing  by  Tannah  or  Carinjah,  or  to  impose 
or  demand  any  Customs  or  Duties  from  the  English,  but 
that  they  may  freely  pass  with  their  boats  and  vessels 
by  the  said  places  without  any  interruption,  as  the 
Inhabitants  of  Bombay  have  formerly  done ;  and  that 
the  said  Governors,  Officers  and  Ministers  may  be  enjoyned 
to  live  upon  better  terms  of  amity  and  friendship  than 
hitherto  they  have  done.  Your  Petitioners  expecting 
nothing  more  than  what  the  favour  of  the  Treaty  leads 
them  to  demand,  and  the  publique  fayth  thereof  binds 
the  Portugueses  to  make  good. 

And  they  shall  ever  pray  &c. 


506  JOURNAL  OF  INDIAN  HISTORY. 

The  following  extracts  from  the  Court  Minute  Book, 
Vol.  XIX,  in  the  India  Office  throw  further  Ught  on  this 
dispute : — 

A  Court  of  Committees  holden  the  Third  day  of  March  1674  [  1674/5  ]. 

It  is  ordered,  that  it  be  referred  to  the  Comtees.  for  Surrat  (unto 
whom  Mr  Jollife  Mr  Boone  and  Mr  Paige  are  added)  to  consider  what 
is  fit  to  be  presented  to  his  Maty,  touching  the  opening  of  trade  at 
Bombay,  which  is  obstructed  by  the  Portuguezes,  or  otherwise,  for 
the  advantage  of  that  Island,  and  to  report  the  same,  and  the  care 
thereof  is  committed  to  Mr  Rudge. 

A  Court  of  Committees  holden  the  Nineteenth  of  July  1675. 
It  is  ordered,  that  it  be  referred  to  the  Comtees.  for  Surrat  as  also 
to  Mr  Jollife  Mr  Boone  Mr  Paige  and  Mr  Houblon  to  consider  of  the 
late  advises  from  Bombay  touching  the  obstruction  given  by  the 
Portuguezes  to  the  Compa.  trade,  and  to  prepare  a  Memorial  of  what 
is  fit  to  be  presented  to  his  Maty,  touching  that  affayr,  or  any  other 
particular  that  may  be  advantageous  to  the  Compa.,  and  to  report 
the  same  to  the  Court,  and  the  care  thereof  is  committed  to 
Mr.  Houblon. 

A  Court  of  Committees  holden  23  February  1675  [  1675/6]. 
The   several    Members  of    Court   now   present    were    desired  to 
accompany  the  Governor  to     Whitehall    this    afternoon  to  present 
a  petition  to  his  Maty,  touching  the  obstruction  that  is  given  to  the 
Compa.  trade  at  Bombay,  by  the  Portugueses  in  those  parts. 

The  following  document  is  a  continuation  of  the  preceding, 
but  it  enters,  in  greater  detail,  into  the  disputes  with  the 
Portuguese.  The  Company  complained  that  "  when  their  boats 
are  sent  by  Caranja  or  Tannah  for  provisions,  from  whence  onely 
such  things  must  come,  the  fort  in  this  place  of  Tannah,  comands 
the  Boats  in,  and  the  Governor  levies  10,  12,  or  14  p.  c. 
as  he  pleaseth ;  and  because  at  Caranja  the  Stream  is  broad 
and  no  Fort  on  that  side  to  comand,  Boats  are  there  armed 
out  with  soldiers,  and  such  duty  levied  by  them  as  they  think  fitt, 
unless  when  the  EngUsh  also  put  soldiers  in  their  Boats,  as  they 
doe  to  resist  it."  These  irritating  proceedings  could  not  fail  to 
arouse  anger,  and  the  later  documents  describe  at  length  the 
various  forms  which  these  squabbles  assumed.  Charles  acted 
vigorously,  and  made  a  strong  representation  to  the  Portuguese. 
His  letter  to  the  latter,  repudiating  Cooke's  Convention,  has  been 
reproduced  above.     {See  supra.) 

Bomhaim  described,  how   transferred  to  his  Majesty,    how    afterwards 

to  the  Company,  what  Injuries  suffered  from   the   Portugees,  what 

address   made  to  the  Vice  Roy  of  Goa,  what  answer  returned 

by  him,  what  Opinion  given  by  the  President  and  Council 

thereon.     And  lastly  the  Soverainty  of  the  whole  Haven 

and  Islands   asserted. 

The  Haven  of  Bombaim  lies  neer  50  leagues  Southward  of  Surrat 

in  19  Degrees  of  North  latitude,  and  comprehends  all  the  Sea  or  Water 


ANGLO-PORTUGUESE  NEGOTIATIONS.  507 

that  enters  between  Colar,  on  the  West  point  of  the  Island  Salsett  and 
the  two  small  Islands  of  Hunary  and  Cunary  on  the  South  neer 
the  Maine,  which  water  is  there  above  20  Miles  wide. 

It  is  reputed  one  of  the  most  famous  Havens  of  all  the  Indies  as 
never  being  choaked  up  by  the  Stormes  or  yearly  Monsons,  but  affords 
at  all  Seasons  reception  and  security  to  whole  Fleets. 

Within  this  Haven  or  Bay  stands  the  Island  of  Bombaim  (called 
aunciently  Mahim)  which  gives  Title  and  denomination  to  the  whole 
Sea  that  enters,  which  is  called  the  Port  of  Bombaim. 

There  are  some  small  spotts  of  Islands  as  Trumbay  Galean  and 
others  as  Elefante  and  Patacas  scarce  worth  the  notice.  But  two  others 
are  of  consideration  Namely  Carania,  which  is  wholy  encompassed  by 
the  Water  of  the  Said  Port,  and  Salsett,  a  much  larger  Island,  in  figure 
almost  square,  and  against  two  sides  whereof  the  Water  of  this  Harbor 
Strikes. 

The  West  side  of  Salsett  is  wholy  exposed  to  the  Ocean,  and  the 
North  side  is  washed  by  an  inlett  of  Water  called  the  Road  of  Bazaim 
reaching  as  far  as  the  East  Point  of  Salsett,  where  wee  may  allow  that 
the  water  of  the  Port  of  Bombay,  neer  the  Streight  at  Tannah,  does 
determine,  Because  though  it  flowes  up  from  Bombay  thorow  here  into 
the  said  Inlet,  yet  being  now  reduced  into  a  narrow  Channel,  it  may 
at  that  Point  yeild  up  its  name  to  the  said  larger  Inlet  of  the  Road  of 
Bazaim. 

On  part  of  the  Island  of  Bombaim  stands  Mahim,  the  name 
formerly  of  the  whole  Island. 

There,  in  old  time,  was  built  by  the  Moores  a  great  Castle,  and 
in  the  time  of  the  Kings  of  Portugall,  this  was  the  place  where  his 
Courts  and  the  Custome  house  was  kept,  and  here  were  the  Duties 
paid  by  the  Vessels  of  Salset  Trumbay  Gallean  and  Bundy  on  the 
Maine  &c. 

This  was  the  place  which  by  the  11th  Article  of  the  Treaty  of 
Marriage  was  as  freely  conferred  on  his  Majesty  by  the  Crown  of 
Portugall,  as  was  the  Citty  of  Tanger  by  another  Article  in  almost  the 
same  words,  though  in  performance  and  execution  the  difference 
proved  very  great.  For  when  (as  in  the  Petition  is  set  forth)  the 
voyage  of  his  Majesties  squadron  was  overthrown,  and  the  Soldiers 
lay  languishing  for  new  Orders,  when  at  last  they  came.  Sir  Abram 
Shipman,  the  intended  Governor,  was  found  dead,  so  that  his  Secretary, 
one  Mr.  Cook,  took  on  him  to  receive  possession  of  the  place,  and 
that  even  upon  whatever  conditions  the  Vice  Roy  pleased,  violence 
on  the  one  hand  and  necessity  on  the  other  made  him  agree  (but  without 
any  Commission)  to  things  which  were  imposed  quite  contrary  to  the 
Treaty  ;  For  in  the  Treaty  nothing  appeares  in  any  part  of  it  but 
favour  to  the  English.  They  have  Liberty  granted  of  free  Trade  and 
habitation  in  all  the  Dominions  of  Portugall,  whither  of  the  West  or 
East  Indies,  and  particularly  in  Goa,  Cochin  and  Dio,  to  remain  as 
far  as  fower  Families  in  each  with  all  the  priviledges  of  Portugees  ; 
Nothing  seems  to  be  the  whole  Scope  of  the  Treaty,  but  that  his 
Majestie  should  give  protection  to  Portugall,  and  Portugall  in    liew 


508  JOURNAL  OF  INDIAN  HISTORY. 

thereof  give  extent  of  Dominion  unto  England.  And  as  the  present 
quiet  and  condition  of  Portugall  bears  witnes  for  his  Majestic  how 
intirely  the  Tyes  of  his  said  Protection  have  been  accomplished.  It 
were  also  to  be  wished  that  either  in  the  said  freedom  e  of  Trade,  or  in 
the  Dominion  of  Bombaim,  Portugall  had  but  remembered  the  Treaty 
as  well. 

But  90  far  short  did  the  severaU  Governors  fall  from  the  obligations 
thereof,  or  of  thinking  to  repair  the  Affront  which  his  Majestic  suffered 
by  the  non  surrender,  that  his  Majestic  being  tired  out  with  such 
proceedings  thinks  fitt  to  transfer  the  place  to  his  Subjects  of  the  East 
India  Company,  in  hopes  that  by  their  care  and  closer  application  to 
those  Governors,  the  matters  complained  of  might  be  negociated  to  a 
better  Issue. 

The  Company  enter  and  doe  all  things  to  make  the  place  consi- 
derable ;  but  (as  in  the  Petition  is  sett  forth)  when  their  Boats  are 
sent  by  Caranja  or  Tannah  to  the  Maine,  either  for  Merchandize  Timber 
or  provisions,  from  whence  onely  such  things  must  come.  The  Fort 
in  this  place  of  Tannah,  comands  the  Boats  in,  and  the  Governor  Levies 
10,  12,  or  14  per  cent  as  he  pleaseth ;  And  because  at  Carunja  the 
Stream  is  broad  and  no  Fort  on  that  side  to  command,  Boats  are 
there  armed  out  with  Soldiers,  and  such  duty  levied  by  them  as  they 
think  fitt,  unles  when  the  English  also  put  Soldiers  in  their  Boats,  as 
often  they  doe  to  resist  it. 

But  it  neither  consisting  with  the  progress  of  Trade  nor  the 
Prosperity  of  the  place  to  be  thus  in  a  State  of  Tribute,  and  contention. 
It  was  thought  expedient  to  chose  some  fit  persons  to  send  unto  the 
Vice  Roy  of  Goa  to  treat  for  better  Termes  in  this  troublesome  affair, 
and  accordingly  Mr.  James  Addams  and  Mr.  Walker  with  a  Portugees 
Secretary,  and  other  Servants  are  sent  with  full  and  ample  Instruc- 
tions. 

First,  To  pray  liberty  of  Trade  according  to  the  Treaty  and  next 
an  exemption  from  these  duties,  which  were  exacted  against  all  reason, 
and  even  the  Custome  in  all  places,  where  the  Navigable  Passages 
are  alwaies  free. 

But  unto  these  demands,  which  were  so  modest  in  themselves 
and  attended  with  all  the  deportment,  which  might  make  the 
application  gratefuU  ;  for  there  was  neither  pressing  for  reparation  of 
Injuries  done,  or  restitution  of  what  was  past,  which  Justice  did 
require. 

The  Vice  Roy  makes  answer  as  foUoweth — 

1.  He  saics  he  will  cause  entire  observation  to  be  given  to  the 
Treaty  published  in  1661. 

2.  He  confesses  it  is  just  for  him  to  give  ear  to  what  the  Company 
desire  about  free  Comerce  in  the  Territories  of  the  Prince  of  Portugall, 
But  he  hath  no  Order  to  yeild  any  such  thing.  It  haveing  been  express- 
ly forbid  to  other  Governors,  besides  the  French  and  Dutch,  should 
he  grant  it,  would  claim  the  like,  That  it  is  a  Royalty  annexed  to  the 
person  of  the  Prince,  and  must  be  immediately  directed  by  himself, 


ANGLO-PORTUGUESE  NEGOTIATIONS.  509 

onely  he  would  to  show  his  good  will  allow  the  English  to  trade  in  Goa, 
paying  the  same  duties  as  the  Portugees  doe  pay. 

3.  That  as  to  their  Second  Point  although  it  was  true,  all  navigable 
Rivers  were  free  to  pass  without  paying  of  Tributes  yet  this  rule  did 
not  reach  unto  the  conquests  made  in  the  Indies  whose  Navigation 
did  solely  appertain  to  the  Crown  of  Portugall.  Besides  that  liberty 
was  to  be  understood  of  Rivers  that  stood  open  to  all  by  the  Law 
of  Nations,  and  not  of  Rivers  that  were  lock't,  as  the  Enghsh  well 
know  the  Practice  in  the  passage  of  the  Sound  ;  and  with  much  more 
reason  ought  it  to  be  in  those  of  Tannah  and  Caranja,  which  with  the 
Islands  adjacent  made  a  Barr  that  is  lock't  or  shut  up  ;  And  besides 
that  as  he  cannot  order  anything  in  this  affair,  It  being  also  a  Royalty 
and  out  of  his  Power  and  Comission  ;  so  cannot  he  free  even  the 
Portugees  from  the  Payments  accustomed  there,  therefore  the  English 
are  the  less  to  wonder  if  they  also  must  pay. 

Yet  in  respect  to  the  Honoble.  English  Company  he  will 
acquaint  his  Highnes  the  Prince  with  all,  hopeing  from  his  Benevolence 
such  a  Resolution  as  may  be  very  convenient,  and  in  the  mean  time 
if  the  Ofl&cers  of  Tannah  and  Caranja  exact  more  then  what  hath  been 
still  accustomed  to  be  paid,  they  shaU  be  punished  with  rigour. 

Luis  de  Mendosa  Furtado. 

3rd  February  1673. 

Upon  receipt  of  this  extraordinary,  but  finall  answer,  the  Envoy 
returned  to  Bombay,  haveing,  either  by  the  very  ill  aire  of  that  place 
or  some  thing  worse,  lost  3  of  his  Company  and  himself  and  another 
at  Deaths  door. 

But  the  President  and  the  Councell  there  doe  on  the  said  answer 
make  these  following  observations. 

1.  That  notwithstanding  promise  is  made  to  fulfill  the  Treaty  of 
1661,  and  the  Vice  Roy  gives  ear  to  the  demand  of  free  Trade 
(which  is  made  but  according  to  the  Treaty)  yet  he  wants  orders  therein, 
and  saies  that  other  Governors  have  had  orders  quite  to  the  contrary, 
and  takes  on  him  to  argue  and  shew  inconveniencies  against  the  express 
Articles  of  a  Treaty  ;  But  at  last  he  will  as  it  were  voluntarily  allow  a 
Trade  at  Goa,  when  it  is  just  in  the  same  manner  as  the  Treaty  does 
direct. 

2.  That  after  he  allowes  Navigable  Rivers  to  be  free  from  Tribute, 
yet  the  Indian  Navigation  is  to  know  no  such  freedome  having  been 
conquered  by  the  Portuguees  to  whome  it  solely  appertaines,  (This 
happily  was  the  Strain  in  the  reign  of  Don  Emanuel,  but  now  the  case 
is  altered  and  the  argument  quite  worn  out). 

3.  The  difference  made  between  open  and  shutt  Rivers  hath  no 
application  to  Tannah  and  Caranja,  where  there  are  no  Rivers  at  all, 
for  it  is  the  Sea  it  self  flowes  in,  and  though  it  grows  Streighter  in 
those  two  places,  yet  still  the  passages  are  open  and  navigable,  as  at 
Caranja  the  Water  is  two  Miles  over,  and  even  at  Tannah  'tis  about 
half  a  Mile  over,  onely  they  have  erected  here  a  Fort  in  the  middle 
of  the  Water,  which  commands  Boats  that  pass,  and   here  such  Arbi- 


510  JOURNAL  OF  INDIAN  HISTORY. 

trary  duty  is  taken  as  pleaseth  the  Governor,  who  is  but  a  Substitute 
to  the  Governor  of  Bazaim,  to  whose  sole  Profit  this  Revenue  comes 
and  nothing  thereof  paid  to  the  Prince  of  Portugall.  Nor  hath  it  ever 
appeared  to  us  that  these  Passages  were  stop't  and  obstructed  by  any 
Orders  from  Portugall,  but  a  pure  effect  of  the  violence  and  oppression 
of  the  Government  in  India.  Nor  are  the  Shoares  upon  the  Maine, 
opposite  to  Tannah  and  Caranja,  in  the  obedience  of  Portugall,  but 
inhabited  by  Moores,  and  under  their  own  Moorish  Princes,  which 
overthrowes  their  pretence  to  Tribute. 

4.  It  is  true  that  the  Portugees  themselves  who  now  pass  at 
Tannah  are  made  to  pay,  but  they  never  paid  there  formerly.  It 
appearing  in  the  Forall  or  record  for  Regulation  of  the  Custome  House, 
which  was  kept  at  Mahim  on  Bombay,  That  at  Mahim  all  duties  were 
paid  for  the  Trade  of  the  Ports  and  Islands  adjacent,  and  that  no 
Merchandize  or  Provisions  comeing  from  Calean,  Bundy,  or  any 
of  the  Islands  (in  the  Road  of  Bazaim)  and  passing  by  at 
Tannah  to  come  to  Bombay  did  ever  pay ;  so  that  since  the 
English  are  come  there,  here  is  a  violence  imposed  by  the  Portugees 
on  their  own  Subjects  in  order  to  give  precedent  and  Justification  to 
the  like  violence  upon  us.  And  the  Vice  Roy  takes  up  this  for  his 
most  forcible  Argument,  as  if  it  was  of  auncient  Custome,  which  the 
Records  Shew  plainly  to  be  but  since  the  English  have  planted  there. 

5.  That  although  the  Vice  Roy  pretends  to  lay  this  affair  so  before 
the  Prince  as  that  his  favour  may  be  expected  in  it,  yet  by  credible 
advice,  he  so  represents  the  matter,  as  to  make  the  Prince  inexorable, 
and  that  they  there  in  India  will  oppose  the  English  herein  to  the 
utmost,  so  that  all  application  seems  fruitless,  and  the  whole  will 
depend  on  his  Majestie's  asserting  his  Right  even  to  the  Islands  them- 
selves, for  they  justly  belong  unto  him  by  his  Sovereignty  in  the  Port, 
and  the  dependance  they  have  on  the  Capitall  Island  of  Bombay. 

If  his  Majestie  or  the  Company  give  but  Comission  the  whole 
work  is  feisible,  at  least  when  the  Portugees  should  see  they  must 
part  with  the  whole  Islands,  they  would  easily  assent  to  the  Just 
freedome  of  Trade,  which  hitherto  hath  onely  been  insisted  on. 

And  thus  they  conclude  attending  orders  from  the  Company. 

Now  as  to  his  Majesties  Right  of  Sovereignty  to  these  Islands, 
which  give  all  this  trouble,  tis  necessary  to  consider  distinctly,  the 
words  in  the  11th  Article  of  the  Treaty  of  Marriage,  which  sayes.  That 
the  King  of  Portugall  does  (with  the  advice  and  assent  of  his  Councel) 
grant  and  transfer  to  his  Majestie  the  Port,  and  Island  of  Bombay, 
with  all  the  Rights,  Profitts,  Territories  and  dependances  whatso- 
ever ;  and  the  direct,  full  and  absolute  Dominion,  and  Empire  of  the 
said  Port  and  Island,  and  of  the  Premises,  and  all  the  Royalties  of  the 
same. 

By]Jwhich  words  it  is  plaine 

1.  That  the  Dominion  of  that  part  of  the  Sea,  which  enters  and 
makes  the  port  of  Bombay  is  his  Majesties  cleer  and  undoubted  right. 

2.  That  the  Islands  which  stand  in  this  Port  (as  doe  Caranja 
Elefante  Patecos,  etc.,)  which  are  surrounded  by  the  waters  thereof 
and  which  cannot  be  approched  but  thorow  this  Dominion    of   his 


ANGLO-PORTUGUESE  NEGOTIATIONS.  511 

Majestic,  cannot  belong  to  any  other  Sovereign  then  his  Majestic. 
For  if  they  did,  then  have  those  Islands  right  to  give  Law  to  the  Port, 
which  were  to  admit  the  exercise  of  two  different  Sovereignties  in  one 
and  the  same  place. 

3.  But  as  to  Salsett  tis  true  ;  the  case  is  not  Just  the  same,  for  this 
Island  is  bigger  in  Circumference  six  times  then  the  Island  of  Bombay, 
and  but  half  surrounded  with  the  waters  thereof.  However  it  is 
conceived  that  the  Soverainty  of  this  Island  also  belongs  to  his 
Majestic  Because 

4.  That  the  Island  of  Bombay  as  the  Capitall  place  gives  Denomina- 
tion to  the  Port,  whose  surface  and  extent  is  much  larger  then  the 
Extent  of  Salset  ;  if  it  imported  any  thing  to  Jurisdiction,  which  was 
greater  then  the  Capitall  Place  or  its  dependencies. 

5.  Next,  the  Kings  Courts  and  the  Custome  Hows  were  in  the 
Portugees  time  held  and  established  at  Mahim  (or  Bombay)  for  all 
the  places  adjacent,  and  as  such  did  Salset  depend  for  Justice ;  and 
there  also  made  Payment  of  its  Custome  Duties. 

6.  Besides  the  said  Practice,  the  very  dignity  of  the  Port,  Its 
usefullnes  to  Navigation,  and  its  safty  to  mankinde,  drawes  to  it  a 
Naturall  dependance  and  Subserviency  of  the  neighbouring  Shores  ; 
For  had  that  inlett  of  Water  in  the  Road  of  Bazaim  (which  washes 
but  one  side  of  the  square)  equall  perfections  with  the  Port  of  Bombay, 
it  might  have  equall  Prerogative,  and  so  by  way  of  an  expedient,  the 
Soverainty  of  Salset  might  be  divided  by  a  line  drawn  from  the  North 
Point  neer  Tannah  to  the  South  Point  of  Colar.  But  there  being  no 
Parity  in  the  qualifications,  there  can  be  no  competition  about  the 
Dominion. 

7.  On  the  Island  of  Bombay  are  more  Soldiers,  more  Inhabitants, 
more  Armes,  Ammunition,  Cannon  and  a  better  Fortress  then  on 
Salsett,  and  all  the  rest  of  the  Islands  together  ;  besides  the  benefit 
of  the  Port  to  admit  of  all  the  Supplies  his  Majestic  can  give,  which  are 
belcived  superior  to  those  of  Portugall. 

Therefore  what  can  the  words  of  the  Treaty  mean  otherwise,  when 
in  transferring  the  Port  and  Island  of  Bombay,  It  gives  all  the  Rights, 
Profitts,  Territories  and  dependances  whatsoever ;  It  grants  the 
direct,  full  and  absolute  Dominion  and  Empire  of  the  said  Port,  of  the 
said  Island,  and  of  the  Premisses  ;  and  that  without  any  reservation, 
which  had  been  absolutely  necessary  if  Salsett  and  Caranja  (which 
lie  so  in  the  bosom  of  the  rest)  had  not  been  also  granted. 

Lastly  his  Majestic  is  the  best  Judge  of  his  own  honour  and  how 
far  that  may  be  concerned  in  this  Question. 

Which  therefore  is  most  humbly  Submitted. 
[  Endorsed  in  Pencil.] 
23  February,  1675/6. 

[  Endorsed.] 

East  India  Company  Petition  and  Case. 
Read  in  CounciU  February  23rd,  1675. 
Read  at  the  Committee  2  March,  1675/6. 
Read  again   11th  January,   1676. 


512  JOURNAL  OF  INDIAN  HISTORY. 

The  following  reports  of  the  Council  will  be  studied  with 
interest,  as  it  is  an  extremely  good  example  of  the  efficient  way 
in  which  its  work  was  performed.  The  Lords  of  the  Council 
examined  most  carefully  all  the  data,  and  framed  their 
resolution  only  after  a  voluminous  mass  of  material  had  been 
thoroughly  gone  into.  Their  progress  would  probably  have  been 
more  rapid,  if  they  had  been  able  to  find  the  old  map  of  Bombay. 
But  neither  by  Clarendon,  who  searched  for,  nor  by  Sir  William 
Morrice,  "who  acknowledges  the  receipt  of  a  small  box  of  Plantation 
Papers  from  the  old  Lord  Clarendon,  at  his  Departure,  nor  by 
Sir  Philip  Warwick,  who  lived  with  the  Earl  of  Southampton  at 
the  time  the  Council  sate  at  the  Earl's  House,  where  the  said  map 
was  exposed,  can  any  manner  of  Tydings  bee  had  thereby."  The 
results  of  the  Committee  on  Bombay  are  summarised  in  the 
document  dated  January  16,  1676-77  ;  while  the  elaborate  report 
of  the  Council,  dated  February  12,  1776-77,  is  contained  in  C. 
O.  77,  Vol.  13,  folio  165.  Charles'  letter  to  the  Portuguese  King, 
repudiating  Cook's  Treaty  with  the  Portuguese  Viceroy,  was  really 
based  upon  this  Report.  A  comparison  of  the  two  documents 
will  make  this  point  clear.  {See  Charles'  letter  dated  March  10, 
1776-77  supra.)  The  Instructions  to  Sir  Abraham  Shipman,  a 
copy  of  which  is  printed  below,  contained  marginal  notes  in 
Clarendon's  hand.  Sir  Robert  Southwell's  Report  on  the  map  of 
Bombay  is  instructive.  The  Company  must  have  possessed  an 
old  map  of  Bombay.  Even  Davis'  sketch  would  have  been 
useful.  This  is  surprising  enough ;  much  more  surprising  is 
the  failure  of  the  Government  to  procure  another  copy, 
or  some  other  map,  of  Bombay.  The  Company,  it  is  clear, 
lay  claim  to  a  territory  to  which  it  was  not  entitled 
under  the  Treaty,  and  the  old  map  might  have  shown  the 
absurdity  of  these  claims.  It  is  noticeable  that  Fanshawe  had 
demanded  Bassein,  in  addition  to  Bombay,  as  early  as  1663,  and 
that  the  demand  had  been  resisted.  It  was  but  a  short  step  from 
Bassein  to  Thana  and  Carinjah,  and  the  Company  returned  to  the 
charge  in  1776.  Their  Report,  dated  February  12,  1776-77, 
should  be  carefully  studied.  It  is  a  very  elaborate  document, 
and  gives  a  lively  account  of  the  difficulties  they  experienced  in  the 
prosecution  of  their  trade.  But  it  is  unconvincing,  and  we  are  not 
deceived  by  the  arguments  brought  forward  in  support  of  their 
appeal.  From  Charles,  however,  they  received  a  favourable  reply, 
and  the  subsequent  growth  of  Bombay  is  due  partly  to  the 
strenuous  advocacy  of  their  cause  by  that  monarch. 

The  Report,  dated  February  23,  1676-77,  is  supplemented 
by  the  document  "  touching  the  hmits  of  Bombain  and  Maps  " 


ANGLO-PORTUGUESE  NEGOTIATIONS,  513 

reproduced  below  from  Folio  125,  Vol.  XIII,  C.  O.  77,  Public 
Record  Office.  In  the  latter,  an  attempt  is  made  to  deduce  the 
right  to  Carinjah  and  Tannah  from  Instructions  and  Commission 
to  Sir  Abraham  Shipman,  and  the  original  Treaty  itself  is  left 
in  the  background.  The  Company,  it  need  hardly  he  added, 
could  acquire  only  those  rights  which  Charles  II  had  secured 
under  the  Treaty,  and  this  is  admitted  in  the  Report  itself  which 
states  "  they  [  viz.,  Instructions  and  Commission  to  Shipman  ]  are 
not  the  Rule  of  his  Majesties  Right  ....  but  the  Treaty 
is  the  Rule."  It  would  have  been  better  to  have  discussed  Clause 
XI  of  the  Treaty,  and  discussed  the  limits  of  Bombay  in  accor- 
dance with  the  spirit  of  the  Treaty. 

The  clause  is  as  follows  : — "  That  for  the  better  improvement 
of  the  English  interest  and  commerce  in  the  East  Indies,  and  that 
the  King  of  Great  Britain  may  be  better  enabled  to  assist,  defend, 
and  protect  the  subjects  of  the  King  of  Portugal  in  those  parts 
from  the  power  and  invasion  of  the  States  of  the  United  Provinces, 
the  King  of  Portugal,  with  the  assent  and  advice  of  his  Council, 
gives,  transfers,  and  by  these  presents  grants  and  confirms  to  the 
King  of  Great  Britain,  his  heirs  and  successors  for  ever,  the  Port 
and  Island  of  Bombay  in  the  East  Indies,  with  all  the  rights, 
territories,  and  appurtenances  whatsoever  thereunto  belonging  ;  and 
together  with  the  income  and  revenue,  the  direct,  full  and  absolute 
dominion  and  sovereignty  of  the  said  port,  island,  and  premises, 
with  all  their  royalties,  freely,  fully,  entirely  and  absolutely.  He 
also  covenants  and  grants  that  the  quiet  and  peaceable  possession 
of  the  same  shall  with  all  convenient  speed  be  freely  and  effectually 
delivered  to  the  King  of  Great  Britain  or  to  the  persons  thereto 
appointed  by  the  said  King  of  Great  Britain  for  his  use.  In 
pursuance  of  this  cession,  the  inhabitants  of  the  said  island  (as 
subjects  of  the  King  of  Great  Britain,  and  under  his  sovereignty, 
crown,  jurisdiction,  and  Government)  being  permitted  to  remain 
there  and  to  enjoy  the  free  exercise  of  the  Roman  Catholic  religion 
in  the  same  manner  as  they  do  at  present,  it  being  always  under- 
stood, as  it  is  now  declared  once  for  all,  that  the  same  regulations 
shall  be  observed  for  the  exercise  and  preservation  of  the  Roman 
Catholic  religion  in  Tangier  and  all  other  places  which  shall  be 
ceded  and  delivered  by  the  King  of  Portugal  into  the  possession 
of  the  King  of  Great  Britain,  as  were  stipulated  and  agreed  to  on 
the  surrender  of  Dunkirk  into  the  hands  of  the  English  ;  and 
when  the  King  of  Great  Britain  shall  send  his  fleet  to  take 
possession  of  the  said  Port  and  Island  of  Bombay,  the  English  shall 
have  instructions  to  treat  the  subjects  of  the  King  of  Portugal 
throughout  the    East   Indies   in  the  most  friendly  manner,  to 


514  JOURNAL  OF  INDIAN  HISTORY. 

help  and  assist  them,  and  to  protect  them   in  their  trade   and 
navigation  there."     {Signed  on  June  23,  1661.) 

In  this  clause  the  interpretation  of  the  words  "  appurten- 
ances," territories,"  and  "  premises  "  will  determine  the  rela- 
tive claims  of  the  English  and  the  Portuguese  to  Carinjah 
and  Tannah.  There  is  no  evidence  to  believe  that  Carinjah 
and  Tannah  were,  at  that  time,  regarded  as  an  integral  part 
of  Bombay,  and  the  representations  to  the  Portuguese  King, 
to  which  the  document  quoted  from  Folio  125,  Vol.  XIII,  refers, 
met  with  resolute  refusal  on  the  part  of  the  Portuguese  King  {see 
supra).  The  mere  presentation  of  a  Memorial  to  the  Portuguese 
Ambassador  cannot  be  held  to  be  a  recognition  of  the  claims  of  the 
Company,  nor  is  it  correct  to  state,  as  the  document  explicitly 
asserts,  that  no  reply  was  given.  At  the  time  of  the  signing  of 
this  Treaty,  and  a  few  years  after,  Bombay  was  regarded  as 
completely  distinct  from  the  two  places  claimed  by  the  Company. 
Legally,  the  Portuguese  position  was  very  strong,  and  the  argu- 
ments adduced  by  the  Company  and  the  Lords  of  the  Council  are 
unconvincing.  The  right  to  the  two  places  could  be  claimed  only 
under  the  Treaty  ;  it  could  not  be  deduced  from  the  Instructions, 
Commission,  etc.,  to  the  King's  officers.  The  Instructions,  it  is 
clear,  had  reference  not  merely  to  Bombay,  but  also  to  other  places. 
It  is  not  necessary  to  point  out  that  the  other  places  were  not  the 
places  claimed  later  on.  The  Commission  referred  to  such  islands 
and  territories  as  might  be  acquired  for  the  King,  either  by  cession 
or  by  conquest.  The  question  of  tolls  and  vexatious  dues  levied 
by  the  Portuguese  could  be  decided  only  after  the  claims  of 
the  Portuguese  to  Carinjah  and  Tannah  had  been  determined. 
Moreover,  their  Treaty  with  Humphrey  Cook  had  considerably 
strengthened  their  position,  and  it  was  not  till  after  the  repudia- 
tion of  that  Treaty  by  Charles  II  that  vigorous  measures  could 
be  applied  for  the  removal  of  these  dues.  It  will  be  noticed  that 
Charles  refers  to  the  complaint  of  the  Company  with  regard  to 
Anglo-Dutch  been  a  fruitful  source  of  contention,  during  the 
passes.  This  had  negotiations,  and  the  remarkable  report  of  the 
Counci  lof  Trade  and  Plantations,  to  which  reference  was  made 
in  No.  I,  Vol.  I,  of  this  Journal  {see  my  articles  on  the  "East  India 
Trade,"  in  No.  1),  had  voiced  these  grievances  in  no  uncertain 
terms.  Charles'  decision  to  support  the  Company's  claim  for  pa- 
sses to  Indian  juncks  or  ships  for  security  in  their  navigation  to 
Persia  and  other  parts  was  a  logical  deduction  from  this  decision. 

Sir  Abraham  Shipman's  Commission  and  Charles'  Instruc- 
tions to  him,  should  be  compared  with  the  elaborate  Reports  of 
the   Committee   on   Bombay.  Sir    Robert  Southwell's  Report  is 


ANGLO-PORTUGUESE  NEGOTIATIONS.  515 

important  and  should  be  compared  with  the  letters  of  the  Portu- 
guese Ambassador  quoted  above. 

May  it  please  Your  MaJESTIE  Public      Re- 

cord    Office, 
There  has  been  long  depending  before  us  a  Complaint  from  the  C.     o.     77, 
East  India  Company  touching  Injuries  received  by  them  at  Bombaim,  Vo^-      XIli, 
from  the  Portugeses.     They    set  forth,  and  make  it   appeare,   that  *°^*°  ^^^• 
Your  Majestie's  Dominion  in  that  Port  and  Island  is  much  infring'd ; 
and  their  Liberty  of  Trade,  to  the  Main  Land,  quite  interrupted,  by 
Arbitrary  Taxes  imposed  on  them  at  Tannah  and  Carinjah  for   but 
passing  in  the  open  streams.  That  they  applyed  themselves  in  due 
manner,  for  the  Reparation  of  these  Evills  unto  the  Vice  Roy  at  Goa, 
but   without  effect.     Soe  that  we  are  prepareing  a  large  adresse  to 
Your  Majestic  with  our  humble  advice  that  you  would    enter    into 
some  Negotiation  with  the  Prince  of  Portugall,   for  the  ascertaining 
Your  Rights  (by  the  Eleventh  Article  of  the  Treaty  of  Marriage)  in  the 
Port  and  Island  of  Bombaim  and  the  dependencies  thereof,  whereby 
Your  Subjects  of  the  East  India  Companie  may  have  a  returne  of  the 
great  expences  of  about  Seaventy  Thousand  pounds  laid  out  by  them, 
as  they  af&rme,  in  the  defence  of  that  Island  ;  and  Your  Kingdome 
alsoe  reape  the  lasting  advantages  thereof  by  Trade. 

But  forasmuch  as  the  longer  these  Evills  continue,  the  more 
incurable  they  will  grow ;  therefore  by  the  Ships  which  are  now 
departing  for  India,  wee  doe  thinke  it  adviseable,  and  humbly  offer 
it  to  Your  Majestie  as  our  opinion.  That  some  intimation  of  Your 
Majesties  care  of  your  Subjects,  and  Your  Owne  Sovereignty,  in  those 
parts  bee  given  the  Vice  Roy  at  Goa  by  a  letter  to  the  effect  following. 

That  Your  Majestie  hath  lately  taken  into  Consideration  the 
Complaints  of  Your  Subjects  of  the  East  India  Company,  who  finde 
themselves  much  disappointed  of  the  Freindship  they  hoped  for  from 
the  Portugese  Nation,  in  findeing  many  severities  exercised  on  them, 
contrary  to  the  Treaty  of  Marriage,  soe  that  Your  Majestie  is  now 
entering  into  an  Elucidation  of  the  Eleventh  Article  of  the  said  Treaty 
with  Your  Deare  Brother  the  Prince  of  Portugal,  from  whose  Justice 
you  cannot  doubt  but  Your  Rights  of  Dominion  in  the  Port  and 
Island  of  Bombaim  and  dependencies  of  both,  will  bee  vindicated  from 
that  most  injurious  Capitulation  forc't  upon  Humphry  Cooke  at  the 
Surrender  of  the  Place,  which  hee  neither  had  power  to  submit  unto, 
nor  any  one  power  to  impose  contrary  to  soe  solemne  a  Treaty.  That 
therefore  you  resolve  to  renounce  the  said  Capitulation  as  a  matter 
touching  Your  Majestie  in  point  of  Honor,  and  relateing  to  an  Interest 
which  is  the  more  valueable  unto  you,  as  comeing  in  Marriage  with 
Your  Deare  Consort  the  Queene. 

That  you  intend  to  represent  unto  the  Prince  how  greivious  it  is 
for  you  to  heare  that  when  Your  Subjects  Trade  into  the  Countries 
of  the  Great  Mogull  and  Savagie,  with  whome  you  are  in  Freindship, 
and  the  Portuguez  Nation  not  in  Warr  (and  soe  void  of  all  pretence) 
that  for  bare  passing  in  the  open  streams  by  Tannah,  contrary  to  the 
Law  and  Practice  of  all  Nations  ;  and  by  Carinjah  in  the  very  waters 
of  Your  owne  Port,  to  bee  subjected  to  pay  Tribute,  That  it  is  a  matter 
which  cannot  bee  endur'd. 


516  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-         That  Your  Majestic  does  not  doubt  but  that  the  Prince  will  Decree 

^^^  o^^??'  satisfaction  for  all  that  has  been  thus  injuriously  exacted  contrary  as 

Vol.     XIll'  w^^l  *^  former  practice  there,  as  unto  Common  Right,  and  that  hee 

folio  165.     '  will  not  only  remedy  many  other  things  which  are  to  bee  complained 

of,  but   allsoe  take  into  his   deep  consideration  the  Injurie  done  to 

your  Royall  Person,  and  the  calamity  of  Your  Subjects,  by  the  Non 

Surrender  in  the  begining. 

That  in  the  meane  time  You  have  commanded  Your  Subjects  of 
the  said  Company  to  refuse  payment  of  those  Arbitrary  and  unjust 
demands  at  Tannah  and  Carinjah,  as  prejudiciall  to  Your  Rights  of 
Sovereignty,  and  contrary  to  all  the  knowne  Lawes  of  the  world,  there 
being  noe  arbitrary  duties  or  Customes  imposed  at  the  Sound,  but 
onely  for  the  benefitt  of  Lights  and  Seamarks  there  is  allowed  a  small 
Recompence  which  yett  was  never  paid,  untill  by  stippulation  and 
Treaty  betweene  the  Two  Crownes  it  was  soe  agreed. 

That  therefore  if  Your  Subjects  are  willing  (as  they  are  when  they 
Trade  to  any  of  the  Territories  of  Portugall)  to  submit  to  the  duties 
and  Customes  of  each  respective  place  it  is  all  that  Justice  can  require. 

That  of  all  this  You  thought  it  a  just  respect  to  the  character  the 
Vice  Roy  beares  in  those  parts,  and  to  the  Estimation  you  are  told  hee 
has  of  Your  Royall  Person,  to  give  him  Information  ;  not  doubting 
that  whatever  is  of  Right,  and  Consonant  to  the  said  Treaty,  will  not 
onely  bee  fullfilled  by  him,  but  that  in  all  occations  of  Freindship  hee 
will  not  faile  to  bee  courteous  and  usefull  to  Your  Subjects,  which 
Your  Majestic  will  bee  ready  to  acknowledge  upon  all  like  Occassions. 

All  which  is  most  humbly  submitted. 
CouNciLL  Chamber 
12  February,  1676/7. 
Present — 
Earl  of  Bridgewater.  Mr.  Sectic,  Coventry. 

Earl  of  Craven.  Mr.  Sectie,  Willamson. 

Mr.  Vice  Chamberlane.  Mr.  Chancellor  of  the  Exchequer. 

[Endorsed.] 

A  Report  about  Bombaim. 
Read  in  Councill  23  February,  1676/7. 
And  approved. 

Entr:  E.I.C.B.  p.  190. 

Public      Re-  MaY  IT  PLEASE  YoUR  LORDSHIPS 

cord    Office,  j^  order  to  Redress  Injuries  complained  of  by  the  East  India 

V  o  1  XIII  Company  received  at  Bombaim,  your  Lordships  directed  inquiry  to 
folio  125,  '  bee  made  first  for  the  Map  presented  by  the  Portugal  Ambassador, 
when  that  place  was  offered  in  the  Treaty,  which  Map  would 
certainly  have  cleared  up  the  point  in  question.  And  next  the 
Commission  and  Instructions  given  to  Sir  Jervis  Lucas,  when  hee 
went  to  the  Government  of  that  place,  to  Rectify  all  abuses  that 
had  been  offered  in  the  non-Surrender,  or  in  the  Surrender  but  of  part 
of  what  by  the  Treaty  was  intended. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  517 

As  for  the  Map,  neither  by  the  Lord  Clarendon,  who  has  made  Public     Re- 
search after  it,  nor  Sir  Wm.  Morrice,  then  Secretary   of  State,  who  ^^^q  ^^™' 
acknowledged  the  Receipt  of  a  Small  box  of  Plantation  papers    from  Voi.     xill' 
the  old  Lord  Clarendon  at  his  Departure,  nor  by  Sir  Philip  Warwick,  folio  125. 
who  lived  with  the  Earl  of  Southampton  at  the  time  the  Council  sate 
at  the  Earls  house,  and  that  the  ^aid  Map  was  there  exposed,  can  any 
manner  of  Tydings  bee  had  thereof. 

And  as  to  the  said  Commission  and  Instructions  (which  doubtless 
contained  the  extent  and  purport  of  that  Map)  I  can  have  noe  news 
of  them  in  the  Offices.  But  hearing  that  Sir  Jeffery  Palmer  then 
Attorney  General,  was  consulted  as  to  the  powers  of  the  Commission, 
I  made  enquiry  with  Mr.  Johnson,  then  Clerke  of  the  Patents,  but  hee 
can  neither  remember,  or  find,  any  footsteps  thereof.  Tis  probable 
both  are  at  Bombaim  where  Sir  Jervis  Lucas  dyed,  and  soe  in  the 
hands  of  the   Companies   President  there. 

But  as  to  the  Commission  and  Instructions  of  Sir  Abram  Ship- 
man,  the  first  intended  Governor,  I  have  the  drafts  of  those  given  mee 
by  Mr.  Cook,  in  the  Original  Papers,  as  they  were  prepared  by  direction 
of  Mr.  Secretary  Morice,  in  whose  own  hand  I  find  interlined,  in  5,  or  6 
places  of  the  Commission  where  Bombaim  is  mentioned  these  words. 
And  other  the  Premisses,  as  if  it  were  an  omission  not  to  understand 
that  more  than  the  bare  Island  was  granted,  and  to  bee  possessed 
by  the  said  Governor.  Yet  to  leave  unto  your  intire  Judgement  cf 
this  Inference,  the  preceding  words  cf  the  Commission  are  these — Wee 
constitute  and  appoint  you  Governor  and  Commander  in  cheife,  in  and 
upon  our  said  Island  of  Bombay,  and  of  all  our  Forts  and  forces  raised, 
and  to  bee  raised  there  for  our  service  either  in  the  said  Island  or  in 
any  other  Island,  or  part  of  the  firme  land  in  the  East  Indies,  which 
shall  bee  either  conquered  by  us,  or  bee  rendred  or  delivered  up  to  us. 
Now  whether  these  last  words  of  rendring  and  delivery,  following 
that  of  conquering,  doe  not  relate  to  what  might  bee  done  on  the 
Indians,  or  what  the  Indians  might  Voluntarily  doe,  rather  than  what 
the  Portugeses,  by  the  Treaty,  were  obliged  to  doe,  your  Lordships 
will  best  determine.  And  as  your  Lordships  understand  this,  soe  will 
the   Instructions   bee  understood. 

For  the  second  Article  thereof  directs  thus — Being  there  arrived 
you  are,  as  Our  Governor  of  the  Island  and  Country  within  the 
extent  of  your  Commission,  to  demand  and  receive  the  same,  with 
the  Artillery,  Ammunition,  etc.  These  are  the  words  of  most  scope 
and  Remarque,  for  the  Title  of  the  Instructions  is  barely  thus,  For  Sir 
Abraham  Shipman  Knight  Our  Governor  of  Bombay  in  the  East  Indies. 
And  in  all  other  the  Instructions  Bombay,  and  the  said  Island,  is  only 
mentioned,  without  Reference  to  any  Map,  or  particular  direction  as  to 
extent  and  meaning  of  the  Treaty,  though,  in  several  places,  these 
Instructions  have  amendments  in  my  Lord  Clarendon's  own  hand. 
All  which  is  mentioned  to  your  Lordships  to  give  a  faithfull  account 
of  what  that  Commission,  and  those  Instructions,  doe  containe  ;  for 
they  are  not  the  Rule  of  his  Majesties  Right,  if  they  were  as  redundant 
as  they  seeme  scant,  but  the  Treaty  is  the  Rule  and  I  suppose  the 
true  Interpretation  thereof  would  much  better  appear  in  the  tenor 
of  that  Commission  and  Instructions  which  was  given  to  Sir  Jervis 

K 


518  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-  Lucas,  where  all  the  circumstances  were  fresh,  the  persons  in  authority, 
^^^  0^^77'  ^^^  ^^^  framed  the  Treaty,  and  sufficient  provocation  given  to  assert 
Vol.     xill!  His   Majesties   Right, 
folio  125.  ,  ,.,..,. 

And  yet  what  greater  elucidation  m  this  matter  seems  necessary 

to  Your  Lordships  then  one  Article  of  a  Memorial  presented  the 
Portugal  Ambassadoi  at  that  time  (unto  which  there  seems  never 
to  have  been  made  any  Reply)  dated  the  25th  of  July  1663,  in  the 
words  following 

"  Moreover  His  Majesty  insists  very  earnestly  that  not  only 
Justice  bee  done  upon  the  Vice  King  in  the  Indies,  who  hath  soe  falsly 
and  unworthily  failed  in  the  Surrender  of  the  Island  promised  to  his 
Majesty  there,  but  that  Reparation  bee  made  for  the  loss  hee  hath 
sustained  in  sending  Ships  and  Men  to  take  possession  of  it,  the  charges 
whereof  are  valued  by  the  Officers  of  His  Majesties  Navy  to  amount 
unto  at  least  One  hundred  thousand  pound  sterling  and  that  likewise 
more  effectual  orders  bee  reiterated  tlxither  for  the  Surrender  of  the 
said  Island  to  the  full  extent,  exhibited  formerly  to  His  Majesty  in 
the  Map  containing  not  only  Bombaim,  but  Salzede  and  Taan,  and 
soe  promised  to  His  Majesty,  for  the  possession  of  which  the  Troops 
are  yet  detained  there,  suffering  much  inconvenience  in  the  expectation 
of  it." 

After  this  I  shall  only  presume  to  acquaint  Your  Lordships  that 
Sir  Abram  Shipman  dyed  before  hee  could  obtaine  possession  of 
Bombaim,  and  one  Cook  his  Secretary  pretending  a  power  delegated 
to  him  by  the  Governors  Will  to  take  possession,  as  on  the  one  side 
hee  was  impatient  to  have  it,  either  for  his  own  ends  or  to  bee  in  better 
aire  than  the  Infectious  place,  where  300  of  the  500  Soldiers  sent  over, 
did  dye,  in  attending  the  surrender ;  or  that  on  the  other  the 
Portugeses  were  now  become  more  sensible  of  the  wrong,  or  that  they 
might  better  impose  on  him  any  conditions,  hee  having  now  not  Men 
enough  left  to  fill  up  the  extent  of  what,  by  the  Article  they  were 
to  give.  But  the  conclusion  was  hee  entred  not  till  hee  had  very 
solemly  signed  a  particular  Capitulation  with  them  to  the  effect 
following,  vizt. 

1.  The  Portugeses  or  others  may  freely  come  sell  buy  and  trade  at 

their  Islands  and  Countries  through  their  Port  of  Bombaim 
and  be  free  of  all  payments. 

2.  The  said  freedom  of  Trade  shall  be  particularly  understood  at 

Bandora  and  other  the  Creeks  of  Salsett  though  under  the 
English  Artillery. 

3.  The  Runaways  to  be  protected. 

4.  The  English  are  not  to  meddle  with  matters  of  Religion  on  pain 

of  forfeiting  their  Right  in  the  Island  of  Bombaim. 

5.  The  Fleets  and  Boats  of  Portugall    to  have  free  egress    and 

Regress  without  asking  leave  because  part  of  the  Bay 
belongs  to  them  in  respect  of  their  other  Islands  and 
Countries. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  519 

6.  The  Inhabitants  to  enjoy  or  sell  their  Estates.  ^¥^*^«  J^®' 

^   "^  cord     Office, 

7.  That  the  Inhabitants  of  Salsett  Carinjah  Baragaon  (which  is  C.     O.    77, 

Trombay)  and  the  rest  of  the  Islands  of  the  Portuguese  J'°l^  125  ^^^' 

Jurisdiction  may  freely  fish  in  the  Bay  and  River,  even  °^° 

in   the    Arm    which    enters  and   divides    Bombaim    from 

Salsett  by  Bandora  up  into  the  Bay,  And  the  Inhabitants 

of  Bombaim  may  do  the  same  without  Tribute  or  Custome 

on  the  other  side. 

8.  That  Workmen  may  be  hired  from  the  Portugeses  but  not 

detained. 

9.  No  runaways  to  be  admitted  and  detained  upon    pretence  of 

changing  their  Religion  on  either  side. 

10.  That  the  Lady  in  whom  the  Government  of  Bombaim  was  may 

yet  freely  enjoy  her  estate. 

11.  That  no  Inhabitants  shall  loose  their  Right  either  Patrimonial, 

or  what  is  held  from  the  Crown  but  it  shall  descend,  and 
they  may  alien  unless  they  forfeit  according  to  the  laws 
of  Portugall. 

12.  The  Ecclesiastics  not    to  be    molested    but    to    have    their 

churches  free. 

13.  The  Inhabitants  who  pay  Tribute  to  the  King  shall  pay  no 

more  to  the  King  of  England. 

14.  That  all    reciprocall    friendship    and  good  Offices    shall   pass 

from  side  to  side  as  being  the  intention  of  the  treaty,  dated 
in  Pangim  or  Goa  14th  January,  1665. 

Antonio  de  Milo  de  Castro. 

From  which  Unwarrantable  proceeding  on  either  side  the  Portu- 
geses have  taken  colour  to  restraine  and  disturb  the  prosperity  of  His 
Majesties  subjects  as  much  as  possible  they  can.  And  as  it  seems  a  good 
Argument  that  they  were  to  part  with  all  which,  by  this  sinister  way, 
they  thought  to  regaine,  See  is  it  now  before  your  Lordships  (as  many 
other  things)  to  judge  whether  His  Majesty  may  not  make  this  a  fit 
ground  of  complaint  to  the  Prince  of  Portugal,  that  His  subjects  should 
soe  unjustly  and  presumptuously  take  upon  them  to  make  Articles 
contrary  to  the  public  Treaty  betweene  the  two  Crownes,  and  to 
constraine  the  execution  of  such  private  ones  before  the  performance 
of  the  public. 

All  which  is  most  humbly  submitted. 

[  Endorsed.] 

Report  touching  the  limits  of  Bombaim  and  the 
Maps  as  also  of  the  first  surrender  to  the  English. 

Read  to  the  Committee 
16  January  1676/7. 


520  JOURNAL   OF  INDIAN  HISTORY. 

Public      Re-  RESULT   OF  THE   COMMITTEE    IN  THE   BUSINESS   OF    BOMBAIM. 

g>rd  ^Office,  jg  January  1676  [1676/7]. 

J°}-  ^l^^'  1.  Upon  the  whole  Matter  Their  Lordships  rather  than  insist 
farther  on  the  demand  of  Salsett  and  Carinjah  think  fit  to  consider 
what  is  the  Right  and  extent  which  His  Majesty  hath  by  the  Grant 
of  the  Port.  Whether  it  draw  not  with  it  the  other  Islands  that  stand 
therein  soe  as  that  they  pass  together  with  the  Water. 

2.  How  farr  the  English  are  freed  by  common  Right  even  in  the 
Portugese  Streams  when  they  land  not  on  their  shores,  but  drive  their 
Trade  with  Strangers  :  And  more  especialy  if  such  Impositions  are 
grown  up  new,  and  since  the  time  of  Surrender. 

3.  In  case  his  Majesty  should  now  forbid  the  Company  to  submit 
to  those  Impositions,  and  should  write  to  the  Prince  of  Portugal  to 
forbid  his  subjects  to  lay  them  on,  but  should  not  succeed  herein  ; 
How  are  the  Company  provided  to  Right  themselves  by  the  same  way 
of    Impositions    on   the    Portugeses. 

[Endorsed]. 

Result  of  the  Committee 

touching  Bombain. 
16  January  1676/7. 
Entred  B.  p.  165. 

February  23rd  1676/7. 

Public     Re-         His  Majestie  haveing  by  Order  of  this  Board  bearing  date  the  23rd 

cord    Ofl&ce,  of  February  1675  reffer'd  a  Petition  (from  the  Governor  and  Company 

^-  J  ^Vttt'  of  Merchants  tradeing  to  the  East  Indies,  relateing  to  Bombaim),  unto 

fol.  205       '  *^^    Right    Honble.   the    Lords    of    the     Comittee  of    Trade,     and 

Forraigne  Plantations.     Their  Lordships  did  this  day  make  a  Report 

in  the  words  following 

May  it  &c. 

[Blank] 
His  Majestie  being  graciously  inclined  to  promote  the  Interest 
of  his  Subjects  of  the  East  India  Companie,  and  considering  that  the 
impediments  of  their  Trade  doe  lie  in  the  arbitrary  Duties  which  are 
imposed  at  Tannah  and  Carinjah,  Hee  hath  thought  fit  to  approve 
the  said  Reporte.  And  the  Right  Honble.  Mr.  Secretary  Coventry 
is  not  onely  to  prepare  a  Letter  for  his  Majesties  Royall  Signature 
according  to  the  effect  thereof  ;  but  the  said  Company  are  hereby 
required  to  forrbeare,  and  refuse,  the  payments  demanded  in  the  said 
Places,  and  even  to  resist  the  same  in  the  best  manner  they  can. 

And  whereas  upon  reading  of  the  said  Report,  the  Company  did 
then  present  unto  his  Majestie,  an  humble  Petition  prayeing  for  an 
additionall  Clause  to  the  effect  following. 

That  whereas  his  said  subjects  had  further  represented  unto  him. 
That  they  haveing  a  Right  to  halfe  the  Customes  which  are  paid  at 
Gombroone  in  Persia,  as  the  Portugeses  have  the  like  at  Cong  in  the 
same  Kingdome  ;  and  that  it  hath  bin  the  anntient  practice  for  European 
Nations  in  India,  to  grant  passes  to  the  native  Junks  or  Shipps  for 
security  in  their  Navigation  to  Persia  and  other  Parts  :  It  hath  hapned 
of  late  (contrary  to  the  said  Practice)  that  refuseall  is  made,  by  the 
said  Vice  Roys  orders,  to  give  passes,  unto  any  Junkes  that  would 


ANGLO-PORTUGUESE  NEGOTIATIONS.  521 

sayle  to  Gombroone,  thereby    obligeing   all  shipps  to  a  necessity  of  -^"^^^^p.  J^*' 
goeing  unto  Cong,  or  else  exposeing  them  to  the  perrills  they  would  c^'^^o      77* 
avoyd  if  they  goe  to  Gombroone,  where  the  English  are  concern'd  in  the  Vol.      XIII,' 
duties  as  aforesaid.     And  whereas  this  refusall  seemes  to  beare  not  folio  205. 
onely  the  markes    of    some  unkindenesse    and    disrespect,    unto  the 
English  Nation,  but  a  sort  of  Injustice,  which  may  deservedly  draw 
on  a  like  practice  and  refusall,  on  the  Companies  part  :  Therefore  his 
Majestic  does  earnestly   desire   the  said   Vice  Roy  to  recall  the  said 
Prohibition,  or  any  other  orders    given  to  the  Like  effect,  as  being 
Contrary  to  the  Treaty  of  Marriage,  which  aimes  at  nothing  more  than 
the  Union  of  both  Nations,    The  muttuall  affection,  and   Brotherly 
friendshipp  which,  on  all  Occasions   is  to  bee  exercised  towards  each 
other  ;  and  which  is  soe  heartyly  desired  by  his  Majestic. 

Upon  reading  of  which  Additional!  Clause,  his  Majestic  was 
gratiously  pleased  to  approve  the  same.  And  Mr.  Secretary  Coventry 
is  to  take  care  to  see  the  same  added  accordingly. 

[  Endorsed.] 

23rd  February  1676/7. 
Bombaim  Order. 

To  be  Right  Honoble.  the  Lords  of  S^d'^^O^" 

the  Committee  for  Trade  and  Plantations.  C  "^    O.    77* 

The  humble  representation  of  the  Governor  voi,     xili] 
and  Company  of  Merchants  of  London  trade-  fol.  206. 
ing  to  the  East  Indies. 
Sheweth, 

That  the  said  Company  have  a  Right  to  the  one  half  of  the  Customs 
that  are  paid  at  Gombroone  in  Persia,  and  the  Portuguez  have  the  like 
at  Cong  in  that  Kingdome. 

That  it  has  been  an  auntient  practice  for  European  Nations  in 
India  to  grant  passes  to  the  native  Jounckes  or  Ships  for  their  Security 
in  their  navigation  to  Persia  and  other  parts.  But  of  late  the  Company 
understands  from  their  president  and  Councell  at  Surratt,  that  the 
Portuguez  doe  refuse  to  give  their  passes  to  any  Jouncks  that  goe 
for  Gombroone,  thereby  t«  force  all  ships  that  formerly  paid  Custome 
at  that  Port  to  go  unto  Cong,  which  is  not  onely  an  Act  of  great 
unkindness,  but  of  contempt  to  the  English  Nation  and  contrary  to  the 
Articles  of  Peace  and  is  highly  resented  by  the  Governour  Shawbunder 
and  Merchants  of  Surratt  as  Injurious  to  them  in  their  Commerce, 
which  refusall  of  the  Portuguez  if  they  should  persist  in,  they  may  in 
reason  expect  the  like  retahation  from  the  Company. 

And  therefore  the  said  Governor  and  Company  humbly 
represent  the  same  unto  your  Lordships  That  such  course 
may  be  taken  for  redress  of  this  greivance  as  to  your  Lord- 
ships shaU  seem  fitt. 

[  Endorsed.] 

Tlie  East  India  Company's  humble 
address  to  the  Rt.  Honble.  the 
Lords  Comittees  for  Trade. 

Read  in  Councill.  February  23rd  1676  [1676/7]. 


522  JOURNAL  OF  INDIAN  HISTORY 

SIR  ABRAHAM  SHIPMAN'S  COMMISSION. 
Public     Re-         Charles   the    Second   by  the    Grace   of    God    King  of  England, 
TOrd  ^Office.  Scotland,  France  and  Ireland,  Defender  of  the  Faith,  &c. 

Y^'i29^^^^'         To  Our  Trusty  and  Wel-beloved  Sir  Abraham  Shipman,  Knight, 
one  of  the  Gentlemen  in  Ordinary  of  Our  Privy  Chamber,  Greeting. 

Whereas  Wee  are  willing  to  give  all  protection  encouragment  and 
assistance  to  Our  Subjects  and  people  in  and  upon  Our  Island 
of  Bombay  in  the  East  Indies,  and  that  Wee  have  thought  fiitt 
effectualy  to  provide  for  the  security  and  Government  thereof. 
Know  Yee  therefore  that  Wee  reposing  Special  Trust  and  confidence 
in  the  ability,  direction,  fidelity  and  experience  of  you  the  said 
Su'  Abraham  Shipman,  have  Assigned,  Constituted  and  appointed, 
and  by  these  present  do  Assign,  constitute  and  appoint  You  To 
be  the  Governor  and  Commander  in  Chiefe  in  and  upon  Our  Said 
Island  of  Bombay,  and  of  all  Our  Forts  and  Forces  raised 
and  to  be  raised  there  for  Our  Service,  either  in  the  said  Island,  or 
in  any  other  Island  or  part  of  the  firm  land  in  the  East  Indies, 
which  shall  be  either  conquered  by  Us,  or  be  rendred  and  delivered 
up  to  Us,  untill  Our  farther  pleasure  be  known,  and  the  Commands 
of  the  same  be  otherwise  disposed  of  by  Us,  and  to  do  and  execute 
all  things  in  due  manner  to  the  said  Trust  and  Office  appertaining 
which  may  tend  to  the  defence  security  and  good  Government  of  Our 
said  Island,  and  other  the  premisses,  and  to  the  Orderly  and  peaceable 
conduct  and  preservation  of  the  Soldiers,  Planters,  and  other  Inhabit- 
ants there  residing,  according  to  such  powers  and  Authorities  as  are 
now  by  this  present  Commission  and  such  Instructions  as  are  now,  and 
shall  from  time  to  time  be  given  unto  you  by  Us,  and  according  to  such 
good,  just  and  reasonable  Customes  and  Constitutions  as  are  exercised 
and  setled  in  Our  other  Colonies  and  Plantations,  or  such  other  as 
shall  upon  Mature  advice  and  consideration  be  held  necessary  and 
proper  for  the  good  Government  and  security  of  Our  said  Island  of 
Bombay,  and  other  the  premisses.  Provided  that  they  be  not 
repugnant  to  Our  Laws  of  England  nor  to  the  late  Treaty  concluded 
between  Us  and  Our  good  Brother  the  King  of  Portugall ;  And  Wee 
do  hereby  give  full  power  and  Authority  to  You,  the  said  Sir  Abraham 
Shipman,  to  Muster,  Command  and  Discipline  All  the  Millitary  Forces 
of  Our  said  Island  and  other  the  Premisses  at  all  convenient  times, 
and  to  fight,  kill,  slay,  repress  and  subdue  all  such  as  shall  in  an  hostile 
or  mutinous  manner  by  insurrection,  or  invasion  disturbe  the  peace 
or  attempt  the  Surprize  of  Our  said  Island  of  Bombay  or  other  the 
Premisses,  And  for  the  better  Suppression  of  mutinees,  and  actuall 
Insurrections,  and  Invasions,  when  the  ordinary  course  of  Justice 
cannot  be  well  and  safely  attended  and  applyed  to,  That  then  you  the 
said  Sir  Abraham  Shipman  do  put  in  Execution  the  Laws  Martiall 
according  to  the  practice  and  constitution  of  a  Court  Martiall  upon 
Soldiers  only,  And  you  are  hereby  also  impowred  and  authorized  to 
Nominate  and  Constitute  all  Officers  in  the  places  of  those  that  dye, 
or  such  places  as  otherwise  shall  become  void.  And  wee  do  hereby 
require  the  severall  Officers,  Ministers,  and  others,  the  Soldiers 
and  people  of  Our  said  Island  and  other  the  Premisses,  to 
acknowledge  You  for  Our  Governor  thereof.  And  all  the  said 
Soldjers  and  people  are  to  be  Obedient  unto  you  as  Our  Governor  and 


ANGLO-PORTUGUESE  NEGOTIATIONS,  523 

Commander  in  Cheif  in  and  upon  Our  said  Island  of  Bombay,  and 
other  the  Premisses,  in  pursuance  of  this  Our  Royall  Commission,  and 
the  Instructions  which  you  shall  receive  from  Us. 

Instruction  for  Sir  Abraham  Shipman,  Knight,  Governor       Public     Re- 
OF  Our  Island  of  Bombay  in  the  East  Indies.  cord    Office, 

C.      O.       77, 

1.  You  are  by  virtue  of  your  Commission   under  the  great  Seal,  Vol,   XLIX, 
and  such  warrants,  and  directions  as  you  have  had  from  Us,  or  Our  folio  131. 
CounceU,  to  receive  under  your  Command  the  Forces  of  Foot  raised 

in  England  for  Our  Service  in  the  East  Indies,  and  from  the  Rendez- 
vous at  *  Wind  and  weather  serving,  to  Sail  directly  to    t*  blank.] 
Our  Island  of  Bombay  aforesaid.  2.    Whether 
^  the    Earl    of 

2.  Being  there  arrived,  you  are  as  Our  Governor  of  that  Island  Mariebrough 
and  Country  within  the  extent  of  your  Commission  to  demand  and  j^^  Comm^^ 
receive  the  same  with  the  Artillery,  Amunition  etc.,  into  Your  Posses- sion  to  take 
sion  from  the  Governor  of  our  Brother  the  King  of  Portugall.  Possession  of 

the    is    land 

3.  You  are  not  to  apply  any  of  the  Provisions,  or  pay  of  Our  Forces  and  to  deli- 
for  support  of  any  the  Inhabitants  not  in  pay,  but  in  all  cases  of  their  ^er  it  to  Sir 
want  or  straits,  you  are  to  dispose  of  them  so  (any  thing  to  the  contrary  shir^i^an*  ^ 
notwithstanding)  that  Our  Towns  and  forts  in  Our  said  Island  may  not  ^, .         '  . 
be  endangered  thereby.  Mv    Lo/d 

4.  Our  maine  design  in  putting  Our  Selfe  to  this  great  charge  for  hand, 
making     this    addition   to    Our    Dominions    being   to    gain   to    Our 
Subjects  more  free  and  better  Trade  in  the  East  Indies,  and  to  enlarge 
Our  Dominions  in  those  parts,  and  advance  thereby  the    Honour   of 

Our  Crown,  and  the  General  Commerce,  and  Weale  of  Our  Subjects. 
You  are  with  all  convenient  speed  and  advice  to  make  use  of  the  best 
ways  and  means  for  incouragment  and  invitation  of  Our  Subjects  and 
Strangers  to  resort  and  Trade  there,  and  you  are  especially  to  give  all 
manner  of  incouragment,  helpe  and  assistance  to  the  Subjects 
of  the  King  of  Portugall  in  the  East  Indies,  and  to  protect  them  as 
much  as  in  you  lyeth  in  their  Trade  and  Navigation  there  ;  you  are 
also  to  keep  a  very  good  Correspondance  with  the  Vice  King  of  Goa, 
and  all  other  Portugall  Governors,  and  likewise  with  the  Natives  of  the 
Country,  and  to  do  all  you  can  to  settle  a  Trade  amongst  them. 

5.  You  are  to  administer  the  Oath  of  Allegiance  unto  every  person 
in  the  said  Island  capable  by  law  to  take  the  same.  And  We  do  hereby 
give  and  grant  you  full  power  and  authority  to  Administer  the  said 
Oath. 

Quaere.  Whether  he    shall  hand  power  to  Erect   Judicatories 
for  Civil  Affairs  and  for  the  Admiralty. 

The  present  business  being  to  Settle  the  Garrison 
you  can  hardly  give  him  other  then  generall 
Instructions,  till  you  receive  some  account  from 
him. 

6.  You  are  Principally  to  take  care  that  drunkeness,  and  all 
debauchery  be  discountenanced  and  punished,  and  that  none  be 
admitted  to  any  public k  Trust  or  Employment  whose  ill  Conversation 
may    bring  scandall  thereupon,    And   that   the    Protestant  ReUgion 


524  JOURNAL  OF  INDIAN  HISTORY. 

Public  Re-  according  to  the  profession  and  practice  of  the  Church  of  England  may 
cord  Office,  have  due  Reverence  and  Exercise  among  them  ;  The  Treaty  made 
V61.  XLIx'  between  us  and  Our  good  Brother  the  King  of  Portugall  being 
folio  131.     '  nevertheless  Observed  and  kept  inviolable. 

7.  You  are  for  the  better  defence  of  Our  said  Island  and  security 
of  Our  good  people  to  use  all  possible  care  and  expedition  for  the 
Compleating  of  Fortifications  and  rendring  them  defensible,  for  the 
effecting  and  finishing  whereof  you  are  to  command  all  fitt  and  able 
persons  to  work  by  turns,  and  to  punish  such  as  being  duly  Commanded 
do  refuse  or  neglect  to  do  the  same. 

8.  You  are  to  give  such  Encouragment  (as  securely  you  may)  to 
such  Natives  and  others  as  shall  submit  to  live  peaceably  under  Our 
Obedience,  and  in  due  submission  to  the  Government  of  the  Island. 

From      this  And  you  are  to  suffer  them  to  enjoy  the  Exercise  of  their  own  Religion, 

place  to  the  vtdthout  the  least  Interuption  or  discountenance, 
end    of    the  ^ 

vfTiUen^  ^f^  ^'  ^^^  shaM  from  time  to  time,  as  often  as  opportunity  can  be  had, 
My  Lord  &i^^  ^^  Account  to  Us  of  the  Condition  of  Our  said  Island,  and  of  the 
Chancellor's  Affairs  and  Inhabitants  thereof,  and  such  other  Intelligence  as  you 
hand.  can  collect  of  any  other  places  or  things  relating  to  the  East  Indies, 

and  which  may  concern  Our  Service. 

This  wasaiso  I  think  it  will  be  necessary  to  give  him  very  particular  direction 

Qia*ncellor's^  to  keep  a  good  Correspondence  with  the  Vice  King  of  Goa,  and  all 
hand.  other  Portugal  Governors,  and  likewise  with  the  Natives  of  the  Country 

and  so  do  all  he  can  to  settle  a  Trade  among  them. 

This  was  in  You  know  what  Instructions  My  Lord  Marleborough  hath,  but 

My    L  0  r  d  it  will  be  very  fitt  and  indeed  necessary  That  the  King  write  a  Letter 

Chancellor's  to  the  Vice  King  or  Governor  of  that  Country  under  the  Portuguese, 

own  hand.     ^^^  ^j^.^  .^  ^^^  Person  to  whom  he  is  to  deliver  that   Island,  the 

directions  from  Portugall  being  that  he  should  deliver  it  up  unto  such 

Person  as  the  King  of  Great  Brittaine  should  appoint  to  receive  the 

same,  in  the  same  manner  as  you  did  for  Tangier. 

[  A  pencil  endorsement  on  a  duplicate  of  this  document  (in 
CO.  77/13)  reads  as  follows  : — ]  "  These  Instructions  to  Sir 
A.  Shipman  were  dated  March  1662  :  he  died  at  Bombay 
in  April  1664,  but  the  whole  matter  was  before  the  Council 
of  Trade  16  January,  1676/7  and  these  seem  to  be  the  very 
papers  then  read  and  entered  in  S.P.  East  Indies  15,  p.  131 
etc.     Hence  they  are  placed  here.  E.S." 

P"Wic     Re-  On  the  16th  of  January  167?  Sir  Robert  Southwell  made  a 

ojrd  ^Office,  Report  unto  their  Lordships  touching  the  Mapp  of  Bombaim 

Vol.    XLIxi  which  could  not  be  found,  as  also  concerning  the  foregoing 

foHo  134.    '  Commission  and  Instructions  of  Sir  G.  Lucas  as  followeth. 

May  it  please  Your  Lordship 

In  Order  to  Redress  Injuries  complained  of  by  the  East  India 
Company  received  at  Bombaim,  Your  Lordships  directed  Inquiry  to 
be  made  first  for  the  Map  presented  by  the  Portugal  Ambassadore 
when  that  place  was  offered  in  the  Treaty,  which  Map  would 
certainly  have  cleared  up  the   point    in    Question.     And  next    the 


ANGLO-PORTUGUESE  NEGOTIATIONS.  525 

Commission  and  Instructions  given  to  Sir  Jervis  Lucas,  when  hee  Public  Re 
went  to  the  Government  of  that  place,  to  rectifye  all  abuses  that  c°^^o^^77 
had  been  offered  in  the  Non -Surrender,  or  in  the  Surrender  but  of  y'^i  xLIx' 
part  what  by  the  Treaty  was  intended.  folio  134. 

As  for  the  Mapp,  neither  by  the  Lord  Clarendon,  who  has  made 
Search  after  it,  nor  Sir  William  Morrice,  then  Secretary  of  State,  who 
acknowledged  the  receipt  of  a  small  Box  of  Plantation  Papers  from  the 
old  Lord  Clarendon  at  his  departure,  nor  by  Sir  Philip  Warwick,  who 
lived  with  the  Earl  of  Southampton  at  the  time  the  Council  sate  at 
the  Earls  house,  and  that  the  said  Map  was  there  exposed,  can  any 
manner  of  Tydings  be  heard    thereof. 

And  as  to  the  said  Commission  and  Instructions  (which  doubtless  *  [  sic 
contained  the  extent  and  purport  of  that  Map)  I  can  leave*  ?  learn] 
no  news  of  them  in  the  Offices.  But  hearing  that  Sir  Jeffrey 
Palmer,  then  Attorny  Generall,  was  consulted  as  to  the  Powers  of 
the  Commission,  I  made  Inquiry  with  Mr.  Johnson,  then 
Clerke  of  the  Patents,  but  he  can  neither  remember  or  find  any  foot- 
steps thereof.  'Tis  probable  both  are  at  Bombaim,  where  Sir  Jervis 
Lucas  died,  and  so  in  the  hands  of  the  Companies  President  there. 

But  as  to  the  Commission  and  Instructions  of  Sir  Abraham  Ship- 
man,  the  first  intended  Governor,  I  have  the  Drafts  of  those  given 
mee  by  Mr.  Cook,  in  the  Original  Papers,  as  they  were  prepared  by 
direction  of  Mr.  Secretary  Morrice,  in  whose  own  hand  I  find  inter- 
lined, in  5  or  6  places  of  the  Commission  where  Bombaim  is  mentioned, 
these  words,  And  other  the  Premisses,  as  if  it  were  an  omission  not  to 
understand  that  more  then  the  bare  Island  was  granted,  and  to  be 
possessed  by  the  said  Governor,  Yet  to  leave  unto  your  intire  Judgment 
of  this  Inference,  the  proceeding  words  of  the  Commission  are  these. 
Wee  constitute  and  appoint  you  Governor  and  Commander  in  chief 
in  and  upon  Our  said  Island  of  Bombay,  and  of  all  Our  Forts  and 
forces  raised,  and  to  be  raised  there  for  Our  Service,  either  in  the 
said  Island,  or  in  any  other  Island,  or  part  of  the  firme  Land  in  the 
East  Indies,  which  shall  be  either  conquered  by  us,  or  be  rendered 
or   Delivered   up  to    Us. 

Now  whether  these  last  words  of  rendring,  and  delivery,  following 
that  of  conquering  do  not  relate  to  what  might  be  done  on  the 
Indians,  or  what  the  Indians  might  voluntarily  doe,  rather  then  what 
the  Portugueses  by  the  Treaty  were  obliged  to  doe.  Your  Lordships 
will  best  determine.  And  as  Your  Lordships  understand  this,  so 
will  the  Instructions  be  understood. 

For  the  second  Article  thereof  directs  thus.  Being  there 
arrived  you  are  as  Our  Governor  of  the  Island  and  Country  within 
the  extent  of  Your  Commission,  to  demand  and  receive  the  same,  with 
the  Artillery,  Amunition,  etc.  These  are  the  words  of  most  scope 
and  remarke  for  the  Title  of  the  Instructions  is  barely  thus.  For  Sir 
Abraham  Shipman  Knight  Our  Governor  of  Bombay  in  the  East 
Indies.  And  in  all  other  the  Instructions,  Bombay,  and  the  said 
Island  is  only  mentioned  without  reference  to  any  Map  or  particular 
direction  as  to  the  extent  and  meaning  of  the  Treaty  though  in  several 
places,  these  Instructions  have  amendments  in  My  Loid  Clarendon's 


526  JOURNAL  OF  INDIAN  HISTORY. 

^^^om^' ^^"  hand.     All  which  is  mentioned  to  Your  Lordships  to  give  a  faith- 

C.     O.    77'  ^^^  account  of  what  that   Commission,  and  those    Instructions  doe 

Vol.  XLIxi  containe,  for  they  are  not  the  Rule  of  His  Majesties  Right,  if  they  were 

folio  134.       as  redundant  as  they  seeme  scant,  But  the  Treaty  is   the  Rule,  and 

I  suppose  the  true  Interpretation  thereof  would  much  better  appeare 

in  the  tenour  of  that  Commission  and  Instructions    which  was  given 

to  Sir  Jervis  Lucas,  where  all  circumstances  were  fresh,  the  persons 

in  Authority,  who  had  framed  the  Treaty,  and  sufficient  Provocation 

given  to  assert  his  Majesties  right. 

And  yet  what  greater  elucidation  in  this  matter  seems  necessary 
to  Your  Lordships  then  one  Article  of  a  Memoriall  presented  the 
Portugall  Ambassador  at  that  time  (unto  which  there  seems  never  to 
have  been  made  any  reply)  dated  the  25th  of  July  1663,  in  the  words 
following. 

"  Moreover  His  Majestie  insists  very  earnestly  that  not  only  Justice 
be  done  upon  the  Vice  King  in  the  Indies  who  hath  so  falsly  and 
unworthily  failed  in  the  Surrender  of  the  Island  promised  to  His 
Majestie  there,  but  that  repairation  be  made  for  the  loss  he  hath 
sustained  in  sending  Ships  and  men  to  take  possession  of  it,  the  Charges 
whereof  are  valued  by  the  Officers  of  His  Majesties  Navy  to  amount 
unto  at  least  One  hundred  thousand  pound  Sterling.  And  that  like- 
wise more  effectual  Orders  be  reiterated  thither  for  the  Surrender  of 
the  said  Island  to  the  full  extent  exhibited  formerly  to  His  Majestie 
in  the  Map  containing  not  only  Bombaim,  but  Salzede,  and  Taan,  and 
so  promissed  unto  His  Majestie,  for  the  possession  of  which  the  Troops 
are  yet  detained  there,  suffering  much  inconvenience  in  the  expectation 
of  it. 

After  this  I  shall  only  presume  to  acquaint  Your  Lordships  that 
Sir  Abraham  Shipman  Dyed  before  he  could  obtaine  possession  of 
Bombaim,  And  one  Cook,  his  Secretary,  pretending  a  power  delegating 
to  him  by  the  Governor's  will  to  take  possession,  as  on  the  one  side 
he  was  impatient  to  have  it,  either  for  his  own  ends,  or  to  be  in  better 
aire  then  the  infectious  place,  where  300  of  the  500  Soldjers  sent 
over  did  dye  in  attending  the  Surrender,  or  that  on  the  other,  the 
Portugeses  were  now  become  more  sensible  of  the  wrong,  or  that  they 
might  better  impose  on  him  any  Conditions,  hee  having  now  not  men 
enough  left  to  fill  up  the  extent  of  what  by  the  Article  they  were  to 
give.  But  the  conclusion  was  he  entred  not  till  he  had  very  solemnly 
signed  a  particular  -Capitulation  with  them  to  the  effect  following  : — 

1.  The  Portugeses  or  others  may  freely  come.  Sell,  buy,  and  Trade 
at  their  Islands  and  Countries  through  their  Port  of  Bombaim,  and 
be  free  of  all  payments. 

2.  The  said  freedome  of  Trade  shall  be  particularly  understood  at 
Bandora,  and  other  the  Creeks  of  Salsett,  though  under  the  English 
Artillery. 

3.  The   Runaways  to  be   protected. 

4.  The  English  are  not  to  meddle  with  matters  of  Religion,  on 
paine  of  forfeiting  their  Right  in  the  Island  of  Bombaim. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  527 

5.  The  Fleets  and  Boats  of  Portugall  to  have  free  Egress  and  Regress,  Public     Re- 

without  asking  leave,  because  part  of  the  Bay  belongs  to   them   in  cord    Office, 

respect  of  their  other  Islands  and  Countries.  9-  ,  ^\.,  7Z' 

^  Vol.    XLIX, 

6.  The  Inhabitants  to  Enjoy,  or  sell  their  Estates.  ^°'*°  ^^*- 

7.  That  Inhabitants  of  Salsett,  Carinjah,  Baragaon  (which  is 
Trombay)  and  the  rest  of  the  Islands  of  the  Portugese  Jurisdiction, 
may  freely  fish  in  the  Bay  and  River,  even  in  the  Arme  which  enters 
and  divides  Bombaim  from  Salsett  by  Bandora,  up  into  the  Bay,  And 
the  Inhabitants  of  Bombaim  may  do  the  same  without  Tribute  or 
Custome  on  the  other  side. 

8.  That  Workmen  may  be  hired  from  the  Portugeses  but  not 
detained. 

9.  No  Run-aways  to  be  admitted  and  detained  upon  pretence  of 
changing  their  Religion  on  either  side. 

10.  That  the  Lady  in  whom  the  Government  of  Bombaim  was, 
may  yet  freely  enjoy  her  Estate. 

11.  That  no  Inhabitants  shall  loose  their  Right  either  Patrimonial, 
or  what  is  held  from  the  Crown,  but  it  shall  descend,  and  they  may 
alien  unless  they  forfeit  according  to  the  Laws  of  Portugall. 

12.  The  Ecclesiasticks  not  to  be  molested,  but  to  have  their 
churches  free. 

13.  The  Inhabitants  who  pay  Tribute  to  the  King  shall  pay  no 
more  to  the  King  of  England. 

14.  That  all  reciprocall  friendship  and  good  Offices  shall  pass  from 
side  to  side,  as  being  the  intention  of  the  Treaty,  Dated  in  Pangim, 
or  Goa,  the  14th  January  1665. 

Antonio  de  Melo  De  Castro. 

From  which  unwarrantable  proceeding  on  either  side,  the 
Portugeses  have  taken  Colour  to  restraine,  and  disturbe  the  pros- 
perity of  his  Majesties  Subjects,  as  much  as  possible  they  can. 

And  as  it  seems  a  good  argument  that  they  were  to  part  withall, 
which  by  this  sinister  way  they  thought  to  regaine.  So  is  it  now  before 
Your  Lordships  (as  many  other  things)  to  Judge  whether  His  Majestie 
may  not  make  this  a  fit  ground  of  Complaint  to  the  Prince  of  Portugall, 
that  His  Subjects  should  so  unjustly  and  presumptuously  take  upon 
them  to  make  Articles  contrary  to  the  publick  Treaty  between  the 
two  Crowns,  and  to  constraine  the  execution  of  such  Private  ones, 
before  the  performance  of  the  Publick. 

All  which  is  most  humbly  Submitted. 

The  following  petition  of  the  Company  gives  a  very  vivid 
account  of  the  state  of  Bombay,  and  raises  most  interesting  points 
of  International  Law.  The  Company  was,  I  believe,  perfectly 
right  in  their  contention  that  there  was  no  analogy  between 
Elsenore  and  Bombay,  and  the  dues  exacted  by  the  Portuguese 


528  JOURNAL  OF  INDIAN  HISTORY 

did  undoubtedly  subject  them  to  very  grave  hardship.  Their 
commerce  was  affected  no  less  than  their  relation  to  the  Indians. 
The  account  of  Bombay  will  be  read  with  interest  by  her 
citizens  to-day.  Mr.  Humphrey  Cooke's  unfortunate  treaty  with 
the  Portuguese  is  still  the  object  of  their  dislike,  and  we  have  a 
few  pointed  references  to  that  unlucky  bargain.  The  chief  argu- 
ments adduced  by  the  Company  may  be  summed  up  under  six 
headings  : 

(1)  In  the  first  place,  there  is  the  inevitable  question  of  Free- 
dom of  Trade.  This  is  by  far  their  strongest  line  of  defence,  and  if 
they  had  adhered  to,  and  insisted  upon,  the  observance  of  this 
fundamental  right,  it  would  have  solved  many  of  their  difficulties. 
They  had  also  asserted  this  principle  against  the  pretensions  of 
the  Dutch,  and  their  history  during  the  first  sixty  years  of  the 
seventeenth  century  is  nothing  else  but  a  record  of  their  struggle 
for  the  maintenance  of  this  principle.  It  must  be  confessed, 
however,  that  its  application  to  the  particular  case  was  hardly 
justifiable.  Freedom  of  Trade  did  not  imply  negation  of  customs 
duties,  and  if  the  Portuguese  claim  to  the  places  in  dispute  is 
acknowledged,  then  the  Company's  assertion  of  this  principle  is 
meaningless. 

(2)  If,  on  the  other  hand,  duties  are  enhanced  to  such  an 
extent  as  to  amount  to  an  "  Interdiction  of  Commerce  "  then  it 
is  clear  that  the  Company  have  justification  for  their  refusal  to 
pay  them.  This  was  alleged  by  the  Company,  and  there  can  be 
no  doubt  that  the  commercial  development  of  Bombay  would 
have  been  impossible  if  all  the  implications  of  Cooke's  Treaty  had 
been  mercilessly  deduced  to  their  logical  conclusion. 

(3)  Moreover,  if  duties  are  charged  for  a  "  bare  passage  in  a 
streame  of  the  Sea  "  and  the  stream  is  a  "  work  of  nature  " 
and  (4)  no  lights  or  buoys  are  maintained  for  the  security  of 
the  passage  of  the  ships,  it  seems  unreasonable  to  demand  an 
exorbitant  duty. 

(5)  The  Company  were  prepared  to  pay  "  a  moderate  thing", 
but  they  denied  that  (6)  any  analogy  existed  between  Elsenore 
and  Bombay. 

So  far  we  are  on  safe  ground,  and  it  may  be  conceded  at 
once  that  the  Company  were  justified  in  their  complaints.  The 
Despatches  of  the  Directors,  and  the  frequent  complaints  of 
their  servants,  show  clearly  enough  the  hardships,  and  even 
humiliation  to  which  they  were  subjected. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  529 

The  other  claims  of  the  Company  were  more  doubtful. 
They  contended  that  (7)  they  knew  "  nothing  that  gives  bounds 
or  limits  to  this  Bay,  but  the  Circle  of  the  Main  Land  round 
about,  unto  which  it  flowes,  part  whereof  being  claimed  by  the 
King  of  Portugall,  his  grant  of  this  water  ought  there  to  bee 
carried  on  as  far  as  may  be  most  beneficiall  to  his  Majesty  who 
received  the  grant."  If  followed,  (8)  that,  the  other  part  of  the 
main  land,  belonging  to  the  Great  Mogull,  not  being  a  matter  of 
dispute,  "  the  whole  body  and  surface  of  water  that  flowes  in 
and  the  whole  Fundus  bellow  even  up  to  the  high  water  mark  is 
the  King's,  and  the  Land  between  the  high  and  Low  water  mark 
is  among  the  Rights  of  the  Admirall." 

They  asserted  (9),  moreover,  that  if  this  "water  were  given 
to  His  Majesty  as  port.  It  was  given  as  a  place  of  safety  from 
stormes,  and  for  relief  of  the  Damages,  which  are  received  at  Sea, 
and  asked  pertinently  if  the  Moguls  will  not  be  justified  in  levy- 
ing all  sorts  of  dues,  should  any  English  ship  "  come  into 
port  wanting  Timber  and  other  necessaries  to  refitt."  Moreover, 
(10)  "  The  Sea  where  it  is  mastered,  seemes  to  carry  with  it  a 
right  of  Dominion  whithersoever  it  goes."  "  The  first  conquest 
of  those  Islands  were  made  from  the  Sea,  and  where  the  Sea  over- 
flows any  Territory  of  the  neighbouring  Land,  all  that  space 
of  Sea  {and  in  virtue  thereof  all  the  Land  below  it)  belongs  to  that 
Prince,  who  had  the  sovereignty  of  the  Sea  before."  This,  it 
must  be  confessed,  is  rather  a  shaky  foundation  on  which  to 
build  an  imposing  edifice,  and  we  can  only  marvel  at  the 
ingenious  devices  of  these  supple  Directors.  Their  incursions 
into  International  Law  would  have  been  more  successful  if  they 
had  been  backed  by  reUable  authorities. 

Our  East  India  Merchants  were  apparently  men  of  principle, 
and  here,  as  elsewhere,  principles  are  liberally  sprinkled  over  a 
moderate  amount  of  facts.  They  champion  Mercantilism,  Free- 
dom of  Trade,  Commercial  wars,  and  Free  Trade  with  the  same 
facility  and  verve  as  they  champion  the  war  against  Aurangzebe, 
or  the  Interlopers.  Witness  their  development  of  this  theory: 
"  Therefore  wee  cannot  think  the  Portugueses  would  know  how  to 
Complain,  should  wee  by  his  Majesties  permission,  strengthen 
Our  hands,  and  by  a  Rule  of  retahation  stop  all  their  shipps 
comeing  into  the  Port,  that  are  bound  to  Tannah,  Bassain  or 
Carinjah,  levieing  as  arbitrary  duties  on  them  as  they  impose 
upon  us."  Their  grounds  for  this  startling  deduction  were 
expressed  in  the  following,  "  Ought  not  the  Main  Land  bee  as  free 
for  the  English  as  the  Main  Sea  to  the  Portugueses  ?      Will  they 


530  JOURNAL   OF  INDIAN  HISTORY. 

give  us  a  port  and  forbid  us  the  use  of  that  Land  which  makes 
it  a  port  ?" 

The  documents  reproduced  below  show  the  extent  of  the 
influence  of  the  East  India  Company  on  the  policy  of  Charles. 

Public     Re-  To  the  Right   honble.  The  Lords  of  the  Committee  for  trade 

cord    Office,  and  Plantations. 

C.     O.     77. 

Vol.  XIII,  The  humble  Representation  of  the  Governor  and 

folio  168.  Company  of  Merchants  of  London  tradeing  to  the 

East  Indies. 

May  it  Please  your  Lordships 

Being  encouraged  to  lay  before  your  Lordships  such  informations 
and  matters  of  Fact  relateing  to  the  buisness  of  Bombaim  as  suted  most 
to  your  Lordships  debate  on  the  16th  January  last,  and  which  might 
best  promote  the  Points  that  were  in  Issue  before  you,  Wee  presume 
in  the  first  place  to  informe  your  Lordshipps  what  wee  are  in  posses- 
sion of  ;  what  it  is  wee  want ;  and  what  wee  think  under  his  Majestic 
wee  have  Right  unto. 

Wee  hold  the  Island  of  Bombaim  and  that  spot  called  Mahim  as 
a  part  thereof,  on  which  part  there  has  at  all  times  beene  a  head 
Custome  house,  and  particularly  at  the  time  when  this  Island  was 
delivered  to  his  Majestic,  and  there  did  all  the  Boates  and  Vessells 
belonging  to  Bombaim,  as  a  dependent  on  the  Custom  house  of  Mahim, 
Salsett,  Barragone  or  Trumbay,  Carinjah,  Elefante  and  the  Patecoes, 
pay  their  dutyes,  and  never  did  any  of  these  pay  at  Tannah,  but 
alwaise  at  Mahim.  No  nor  did  the  Boates  of  the  two  Moorish  Cittyes 
Galiana  and  Biondi  for  their  passing  or  repassing  at  that  Streight  either 
pay  Custome  or  for  Passage,  but  allwaies  paid  duties  at  Mahim,  as 
manifestly  apeares  in  both  cases  by  the  Forall  which  is  the  Custome- 
house  Record  of  that  Place,  much  less  was  anything  paid  by  those  of 
Bombaim  at  Carinjah,  which  it  selfe  was  dependent  on  the  Custome- 
house  of  Mahim,  Mr.  Humphry  Cook,  notwithstanding  his  Infamous 
Capitulation  to  the  contrary,  did  retain  many  of  the  duties  payable 
from  the  Port  Townes  in  Salsett,  so  that  when  Sir  Jarvas  Lucas 
arived  as  Governor  at  Bombaim  he  imployed  two  Commissioners  to 
receive  and  improve  his  Majesties  Customs  there,  One  of  which,  Mr. 
John  Evans,  attended  your  Lordships  the  last  day,  shewing  the 
Accompts  of  his  Collecting  the  duties  of  Colai  and  Bandora  Vessava 
and  Murr  by  a  Substitute  from  Mahim,  and  that  he  farmed  out  those 
of  Trumbay  at  a  publick  Outcry,  continueing  in  the  Office  from 
November  1667  to  August  1668  when  the  Company  entred  and 
Imployed  Officers  of  their  owne  ;  But  by  Our  Letters  of  January  1674 
The  President  sayes  that  he  was  threatned  to  be  deprived  of  the 
Customes  of  Trumbay,  and  had  actually  for  three  yeares  been  denied 
those  of  Vassava  and  Murr,  two  small  Ports  on  the  West  side  of 
Salsett,  which  in  the  King  of  Portugalls  time  did  allwaies  pay  to 
Mahim,  and  the  Portugees  doe  own  that  in  the  Island  of  Salsett 
there  being  130  Villages  which  are  devided  into  three  districts,  one 
of  them  paying  their  duties  to  Basaim,  the  other  to  the  Custome  house 
at  Tannah,  that  the  Third  (consisting  of  70  Villages)  did  still   pay 


ANGLO-PORTUGUESE  NEGOTIATIONS.  531 

duties  for  all  thinges  exported   or  imported  at   the   Ports   of  that  Public     Re- 
District,  which  is  alsoe  suteable  to  the  said  Forall   of   Mahim,    And  9?^^  ^^5f' 
Mahim  was  indeed  formerly  the  name  of  the  whole  Island,  and  here  y^  j    xili' 
in  former  times  the  Kings  Court  was  kept  and  a  great  Castle  Built  in  folio  168. 
the  time  of  the  Moores  Government. 

Wee  are  in  possession  of  the  small  Island  of  Pat  egos,  which  onely 
serves  in  the  Winter  Season  for  the  Feeding  of  Catle.  But  Wee  are 
not  possessed  of  Elephante  nor  Sevine  Nevine,  and  much  less  of 
Carinjah,  tho'  they  all  stand  in  the  Port  of  Bombaim  surrounded  by 
the  salt  water  thereof. 

Wee  doe  not  know  by  what  infallible  signes  and  markes  to  chalke 
out  the  Boundaries  of  the  Harbor  of  Bombaim,  But  it  seemes  part  of 
an  argument  That  it  extends  to  all  the  Bay  of  Water  within  ;  seing  the 
Vice  Roy  Antonio  De  Melo  (who  perverted  all  things)  did  (in  his 
injurious  Capitulation  forct  on  Mr.  Cooke)  insert  this  fifth  Article  as 
f  oUoweth . 

"Item,  That  the  Fleets  of  the  King  of  Portugall  as  well  Ships  as 
Boats  with  Oares  and  all  other  his  Ships  whatsoever  may  at  all  times 
enter  into  and  depart  from  the  said  Bay  without  any  impediment 
to  bee  given  them  or  askeing  any  leave,  for  as  much  as  on  accompt  of 
other  Islands  and  Territories  which  he  hath,  part  of  the  said  Bay 
belongs  unto  him,  and  thereof  he  may  have  the  free  use  thereof  as  a 
thing  which  is  his  owne  without  doubt  or  Question." 

For  a  second  Argument,  wee  can  asure  your  Lordships  that  our 
President  and  Councell  living  upon  the  Island  of  Bombaym  doe  soe 
farr  understand  the  whole  Bay  to  be  the  Port  of  Bombaim  as  that  in 
Virtue  of  the  grant  thereof  by  the  Treaty  (when  they  did  in  1672  send 
Agents  to  the  Vice  Roy  of  Goa,  touching  the  abuses  at  Tannah,  and 
Carinjah)  they  did  sett  up  a  title  to  Carinjah  upon  Accompt  of  its 
Scituation  in  the  Bay,  for  their  Instruction  runs  thus.  As  to  Carinjah 
you  are  to  urge  that  it  lies  within  the  Bay  or  Port  of  Bombaim  and  by 
consequence  does  belong  as  an  undoubted  Right  to  his  Majestic. 

And  in  their  Letters  to  us  of  the  same  yeer,  they  prest  us  to 
Consult  here  with  some  Eminent  Civillians,  to  know  whither  the  grant 
of  the  Water  does  not  draw  with  it  the  Right  of  Dominion  over  all  the 
Islands  that  stand  therein  and  over  those  small  Streights  and  Passages 
which  make  it.  And  in  another  place  they  farther  add  that  the 
Portugueze  are  very  injurious  for  detaining  all  the  Islands  within  the 
Bay,  which  doe  all  by  Right  and  Justice  belong  unto  Us  (excepting 
Salset)  even  by  the  Confession  of  many  among  themselves,  and  that 
in  Salset  alsoe  wee  have  right  and  Dominion  to  all  the  Port  Townes 
which  ought  to  pay  Customs  at  Mahim,  as  formerly  in  the  Portugall 
time  they  did,  etc. 

But  wee  are  now  onely  on  that  Point  which  Concerns  the  Extent 
of  the  Bay,  nor  doe  wee  hear  the  Portuguez  oppose  better  Arguments 
why  the  whole  is  not  the  Port  of  Bombaim  then  that  in  some  places 
within  there  are  Variety  of  Names,  as  the  River  of  Trombay,  the  River 
of  Tannah,  and  the  River  of  Carinjah,  as  the  same  Water  washes  or 
comes  nigh  the  Banks  of  those  places,  whereas  wee  think  these  Names 


532  JOURNAL   OF  INDIAN  HISTORY. 

Public  Re-  are  but  given  as  the  subdivision  of  Streets  in  the  same  Towne,  or  as 
cord  Office,  if  a  Vessell  should  not  bee  said  to  bee  in  Falmouth  or  Milfordhaveii 
^-  i^'xn  ['  because  shee  Road  in  some  Creek  thereof,  that  went  by  another  Name, 
folio  168.       though  supplied  from  the  Water  of  the  Common  Bason. 

Lately  in  consulting  the  ancient  writeings  and  descriptions  of  the 
Portuguezes  and  particularly  a  Survey  taken  by  Order  of  the  Vice 
Roy  of  Goa  about  1636,  wee  finde  the  Port  of  Bombaim  to  bee 
described  for  the  largest  and  deepest  in  India,  two  Leagues  wide  at  the 
Entrance,  and  so  spatious  further  on  within  as  not  to  admitt  of  the 
Fortification  which  was  earnestly  designed  for  Security  of  the  Port. 

Then  in  the  very  bottom  of  the  Bay,  Water  and  appurtenances 
neer  Tannah,  is  a  Fort  called  the  Bullwork  of  the  Sea,  which  being 
three  Leagues  up  from  the  Harbors  Mouth,  Imports  the  Continuation 
of  the  Sea,  and  Wee  supose  the  Extent  of  the  Harbor,  and  in  no  other 
part  does  the  Water  reach  so  farr,  so  that  Wee  cannot  doubt  of  Our 
property  in  the  whole  Bay,  but  the  Occasion  of  our  present  greivance 
and  Complaint  arises  from  the  Impositions  laid  on  us  by  the  Portuguez 
for  tradeing  with  the  Moores  (subjects  of  the  Savagee  and  of  the  Mogul) 
even  for  those  things  which  none  but  the  Moores  can  furnish.  And 
because  the  Injustice  of  proceedings  by  the  Portugalls  Ministers  may 
bee  made  the  more  cleere  and  evident,  Wee  shall  bee  obliged  to  give 
your  Lordships  minutely  an  account  of  some  things  that  serve  them 
for  the  Grounds  of  their  Injustice,  and  so  describe  the  Situation  of 
those  places  where  wee  are  constrained  to  pay  Tributes,  That  your 
Lordships  may  see  how  a  Fort  of  two  Gunns  is  compared  to  Elsinore, 
a  River  broad  as  the  Thames  unto  the  Sound,  and  either  the  Harbor 
of  Bombaim  or  the  Road  of  Basaim  unto  the  Baltick  Sea.  To  begin 
therefore  by  the  small  Inlett  of  the  Sea  which  is  caled  the  Road  of 
Basaim. 

First  Basaim  is  a  Citty  of  very  good  Consideration,  and  the  Seat 
of  a  Governor,  that  has  many  Leagues  thereabouts  within  his  Jurisdic- 
tion ;  It  stands  on  the  main  Land  on  the  North  side  of  the  Road,  about 
half  a  League  up  from  the  Sea,  and  about  two  Leagues  higher  is  the 
River  of  Biondi,  and  about  a  League  higher  that  of  Galiana,  haveing 
seated  on  them  two  considerable  Cittyes  of  the  same  Names  about 
two  Leagues  up  in  the  Countrey,  which  belong  to  the  Prince  Salvagee, 
who  is  revolted  from  the  Mogull,  and  these  afford  great  plenty  of 
Trade,  nor  can  wee  buy  Wood  or  Timber  or  scarce  Provisions  for  our 
occations  elsewhere  ;  the  Land  all  adjoyning  to  the  Road  of  Basaim, 
and  which  turnes  away  Northward  is,  towards  the  shoar  at  least, 
claimed  by  the  Portugeses,  but  for  the  Southside  of  this  Road  of 
Basaim  It  is  made  up  by  the  Island  of  Salsett,  whose  East  side  comes 
up  close  to  the  Main  and  makes  the  Passage,  which  is  not  there  much 
broader  than  the  Thames,  so  that  for  about  the  length  of  two  Miles  it 
is  caled  in  that  streight  the  River  of  Tannah,  and  perhaps  for  a  good 
way  lower  from  a  Village  of  the  same  Name  that  appeares  in  the  Map. 
But  a  litle  further  on  beyond  Tannah  the  Water  widens,  and  there 
onely  begins  (as  has  been  said)  the  Inner  part  of  the  Port  of  Bombaim 
when  the  tide  is  out,  and  that  all  the  Channell  further  up  about  Tannah 
is  left  Quite  dry.  But  when  the  Tyde  fiowes  in,  then  alsoe  doe  the  Waters 
of  the  Port  of  Bombaim  shoot  into  that  Streight  and  encounter  the 


ANGLO-PORTUGUESE  NEGOTIATIONS.  533 

Tyde  that  flowes  up  by  the  Road  of  Basaim,  as  shall  presently  bee  Public     Re- 
said  ;  But  first  it  will  be  fitt  to  give  a  particular  accompt  of  the  Three  ^'^*^o^^'^' 
Forts  which  stand  in  the  length  of  this  Streight  ;    Whereof  the  First  vol.    XIII,' 
that  stands  towards  Basaim  is  caled  Belgrade,  situated  oposite  to  the  folio  168, 
two  Rivers  of  Galliana  and  Biondi,  and  about  half  a   League  from 
Tannah.     The  second  is  called  Passo  Secco,  built  in  the  niiiddle  of  the 
Stream  just  by  Tannah,  and  the  Third  is  a  Gunshott  lower  towards 
Bombaim,  and  called  as  before  the  Bulwark  of  the  Sea. 

In  this  narrow  are  severall  turnings  of  the  River  which  is  fitted 
with  mighty  stones  that  all  ly  dry  to  the  bottom  for  above  a  Miles 
space,  when  the  Tide  is  out,  so  that  when  the  Tide  flowes  in  (as  it  does 
by  both  these  waies  at  once)  there  is  in  aU  that  space  so  mighty  a  noise, 
and  such  furious  contention  of  the  Waters  for  neer  an  howers  time, 
that  all  Boates  and  Vessells  are  fain  to  attend  till  the  Tide  be  full,  and 
then  the  Rage  and  motion  thereof  ceases,  as  it  is  at  London  Bridge, 
so  that  Vessells  from  20  to  30  Tunns  doe  pass  with  their  ladeing.  And 
at  the  returne  of  the  Tide  the  Noise  and  Motion  of  the  Waters  is  much 
(tho'  not  so  great  as  before)  untill  all  be  left  dry  for  the  space  of  a  Mile 
as  has  been  said. 

Belgrado,  as  standing  neere  on  the  side  of  Salsett,  is  alsoe  then  left 
dry,  but  the  Bulwark  of  the  Sea  is  never  so.  Belgrado  was  erected 
(as  the  auntient  Narratives  sett  forth)  to  guard  against  any  incursions 
that  might  bee  made  on  Salsett  or  Tannah  from  the  opposite  Rivers 
of  Galiana  and  Biondi ;  The  middle  Fort  was  to  guard  the  passage 
against  the  Moors  from  the  other  side  the  passage  when  the  Tyde  was 
out,  and  to  defend  Tannah  which  was  a  place  unwalled;  and  the  Third 
Fort  was  not  onely  to  help  herein,  but  to  keep  off  from  Tannah  the 
Pyrates  that  might  enter  by  the  Port  of  Bombaim.  The  Charge  and 
Expences  of  these  Forts  to  the  King  of  Portugall  are  as  Followeth. 

In  Belgrado  there  are  two  or  three  small  Gunns,  a  Commander, 
Eight  Souldiers,  a  Gunner,  a  Lamp  tender  and  four  Mariners,  The 
yearly  expence  687  Pardoes  which  makes  52U.  4s.  9|i.  sterling. 

In  the  middle  one,  called  Passo  Secco,  there  are  two  small  Gunns, 
a  Commander,  Four  Souldiers,  a  Gunner,  a  Lamp  tender  and  four 
Boat  men,  which  makes  the  yearly  Charge  of  Five  hundred  Twenty 
Two  Pardoes  that  is  39/i.  13s.  lOd.  sterling. 

In  the  BuUwark  of  the  Sea,  where  there  are  5  or  6  small  Gunns  and 
Chambers,  an  Officer,  Eight  Souldiers,  a  Gunner,  a  Lamp  tender  and 
four  Boatmen,  which  cost  747  Pardoes  a  yeare,  vizt.  50/i.  16s.  Old. 
sterling. 

Soe  that  the  designe,  importance  and  expence  of  these  severall 
places  being  here  sett  forth,  aU  of  them  point  directly  att  the  defence 
of  Tannah  without  any  fruit  or  benifit  unto  Bombaim,  or  the  Security 
of  the  Ships  rideing  in  the  Port,  but  on  the  contrary  Bombaim  is 
indeed  a  Frontier  and  a  Buckler  on  the  Sea  to  All  these  Inner  Parts. 

The  Main  Land  opposite  to  Tannah  is  by  the  Portugeses  reputed 
to  bee  under  their  Jurisdiction,  which  they  maintain  by  protecting  a 
Moorish  Captain  or  sort  of  Prince  revolted  from  his  Superior,  who 
Uves  about  the  River  Saboio,  and  has  an  allowance  for  20  hors[e]  and 

L 


534  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re-  500  Foot,  which  hee  is  to  raise  and  scoure  the  Country  withall  in  times 
c'^^^O^*??'  ^^  Trouble,  but  there  are  no  Portugeses  that  live  upon  this  Tract. 

7r  Ses^^^^'  '^^^  ^^^^  place  to  bee  described  is  the  Island  of  Carinjah  (two  sides 
whereof  front  the  Main  Land  of  the  Mogull)  from  whence  when  the 
Tide  is  out,  one  side  of  the  Island  is  exposed  to  the  incursion  of  the 
Mooreish  horsemen,  who  by  layeing  Faggotts  on  the  Mudd  make  a 
shift  to  gett  over  and  committ  great  spoyle,  wherefore,  for  the  defence 
of  the  Island,  there  is  allowed  Pay  for  A  Captain,  Six  Souldiers,  a 
Gunner  and  some  other  help  which  cost  the  King  yearly  480  Pardoes 
that  amount  unto  36li.  10s.  Od.  sterling.  But  the  Militia  of  this  Island 
is  considerable,  and  there  is  a  good  Fortification  in  it  with  Severall 
Gunns.  The  Fruits  of  the  Island  are  Rice  and  Salt,  from  whence  the 
Revenue  ariseing  to  the  King  is  Farmed  at  2200  Seraphims  which  is 
under  200li.  sterling. 

At  the  South  End  of  this  Island  are  some  Gunns  which  Comand 
in  all  Our  Boates  as  they  ever  goe  to,  or  come  from  Pennah  or  Magillan, 
to  Trade  with  the  Moores  in  the  Country  of  the  Mogull.  And  if  our 
Boates  keep  off,  because  the  Streame  is  so  wide  as  that  their  Gunns 
cannot  reach  them,  then  doe  they  Arme  out  Small  Boates  with  Soul- 
diers and  Levy  on  us  what  they  please,  not  for  the  King  of  Portugall, 
but  for  the  Commanders  owne  Private  Use,  as  is  affirmed,  so  that  when 
wee  putt  armed  men  in  Our  Boates  (as  often  wee  doe)  and  resist  this 
Payment,  the  resistance  is  Quietly  borne  and  no  Complaint  is  ever 
made  thereof. 

But  at  Tannah  wee  have  not  hitherto  taken  upon  us  to  resist, 
because  their  Forts  stand  thick,  and  require  us  to  Call  in  at  Tannah 
and  there  to  pay  what  the  Custome  Officers  demand,  which  is  on  some 
goods  10,  on  some  12,  and  some  14  per  Cent  as  they  think  fitt,  which 
is  very  hard  that  when  we  have  paid  one  duty  for  them  to  the  Moores 
at  Biondi  or  Galiana  (whose  duty  is  there  as  generally  in  other  parts 
among  the  Indians,  but  3  and  f  per  Cent)  that  so  heavy  a  Tribute 
should  bee  forced  on  Us,  for  but  bare  passage  in  the  open  Streames, 
and  forced  to  come  in  and  pay  the  same  ;  for  wee  refuse  not  where 
wee  Land  and  Trade  to  pay  all  dutys  of  the  place,  as  wee  freely  do  to 
the  Portuguese  when  we  Trade  at  Basaim,  or  have  our  buisnesse  at 
•  [sic]  Tannah,  If  wee  buy  at  *goods  at  Basaim  then  have  wee  a  Certificate 
of  the  duties  that  are  paid,  upon  the  view  of  which  at  Tannah  we  are 
suffered  to  pass  free,  and  not  otherwise.  The  Customs  at  Tannah  are 
computed  at  4200  Zeraphims  which  is  about  370^*.  a  yeare. 

And  notwithstanding  there  is  no  wood,  or  Shipp  Timber  for  use 
growing  any  where  but  in  the  Savagee's  Country  and  none  of  it  with 
the  Portuguez,  yett  by  a  monopoly  of  Timber  granted  antiently  to 
the  Governor  of  Basaim  by  the  Kings  of  Portugall,  on  pretence  of 
building  shipps  in  the  time  of  Warr  for  the  Kings  Service,  and  so  to 
the  end  the  Timber  might  not  bee  diverted,  no  man  must  buy  Timber 
from  the  Moores  and  bring  it  downe  by  the  Streame  of  Tannah,  but 
it  is  Seased  and  Confiscated  without  the  Governour's  licence  ;  which 
Licence  doth  cost  more  than  is  paid  for  the  Timber  to  the  Moores  ; 
And  it  is  alsoe  said  that  the  duties  on  other  goods  so  unjustly  taken 
are  Cheifly  converted  to  his  owne  use,  there  never  haveing  apear'd  any 
Order  from  Portugall  to  levy  the  same  ;  For  it  is  certaine  (as  hath 


ANGLO-PORTUGUESE  NEGOTIATIONSi  535 

bin  said)  that  the  Inhabitants  of  Bombaim,  never  paid  any  duties  for  ^"¥^*^f^^^^ 
passing  here  in  the  open  streames  in  the  King  of  Portugall's  time,  but  ^°^  q      y*' 
the  Practice  began  upon  Us  on  pretence  of  Injuries  by  his  Majesties  voi.    'xill| 
Governors,  in  turning  the  Portuguez  proprietors  out  of  their  Lands  folio  168. 
and  houses,  and  tho'  the  Companie,  when  they  enter'd   did  signall 
Justice  in  restoreing  all  with  Universal!  applause  and  Consent,  yett 
this  Violence  is  still  exercised  upon  us. 

'Tis  fitt  your  Lordshipps  should  alsoe  know,  that  as  in  Virtue  of 
the  Capitulations  imposed  on  Mr.  Cook  they  Claime  a  share  in  the 
Bay,  so  doe  they  exercise  their  usurped  Dominion  therein  by  Sayling 
with  their  Collours  flying  and  their  Flaggs  aloft  in  theyre  small 
Armadoes  or  Brigandines,  to  the  shame  and  dishonour  of  his  Majesties 
Colours  on  the  Fort,  where  there  are  mounted  no  less  than  about 
100  Gunns, 

It  is  usuall,  at  some  Season  of  the  Yeer,  when  the  Seas  are  trouble 
some,  that  all  the  Trade  of  Bassaim  comes  thro'  this  Port,  and  the 
Gallions,  and  other  ships  of  the  King  of  Portugall  come  alsoe  from 
Goa  and  winter  at  Trombay,  where  the  Water  is  deep,  and  the  Bottom 
very  Oazy. 

But  as  the  Portuguez  throw  on  us  upon  all  Occasions  markes 
of  their  disrespect,  so  among  other  things  they  will  not  bee  perswaded, 
but  that  they  have  a  right  of  Dominion  over  the  Portuguezes  and  other 
Subjects  that  live  upon  the  Island.  The  Capitulation  with  Cook  is 
all  wayes  insisted  on,  but  the  Root  of  all  their  Insolence  comes  from 
the  impunity  of  that  high  disservice  and  affront  given  to  his  Majestie 
upon  the  Non  Surrender  whereby  the  Nation  sunk  Low  in  esteem  even 
of  those  who  did  escape  the  punishment  they  soe  notoriously  deserved 
for  the  same.  Yett  notwithstanding  all  these  discouragments  and 
vexations,  wee  having  an  earnest  desire  if  it  were  possible  to  reverse 
our  111  Fortune,  to  make  the  grant  of  Bombaim  valueable  to  the  Nation, 
and  to  answere  the  vast  expences  wee  had  been  at  in  Fortifieing  and 
improveing  the  Place.  And  all  this  by  one  single  expedient  of  open- 
ing and  drawing  downe  a  Trade  from  the  Inland  parts,  by  the  way  of 
Galiana  and  Biondi,  which  being  a  Shorter  Cutt,  and  of  less  expence, 
would  divert  much  of  what  now  goes  to  the  Scale  of  Surratt.  Wee 
did  therefore  send  a  very  solemn  address  unto  the  Vice  Roy  at  Goa, 
imploying  4  or  5  persons  of  Consideration  therein,  and  Furnishing  all 
the  Inducements  as  of  Reason  and  Justice  on  our  side,  so  of  Conveniency 
to  themselves.  But  Our  desire  of  prosperity  in  those  parts,  were  so 
invidiously  regarded,  that  wee  could  obtain  no  other  answere  then  an 
Excuse  for  his  incapacity  to  remitt  any  thing  of  those  payments  at 
Tannah  and  Carinjah.  That  the  practice  of  the  Sound  justified  those 
impositions,  and  that  the  Capitulation  of  Mr.  Cook  ought  to  determine 
all  things  between  us,  as  to  that  Island  and  Port.  Whereas  it  is  mani- 
fest that  at  the  Sound  they  take  but  one  per  Cent  for  Buoyage  and 
Beaconage,  and  when  attempt  was  made  to  raise  this  to  a  Custome 
of  4  per  Cent  all  the  Princes  of  Europe  unanimously  opposed  it,  deny- 
ing any  Customes  to  bee  due  in  open  streames,  and  even  this  one  per 
Cent  was  stipulated  for  in  the  Treaty  made  then  with  Queen  Elizabeth. 

Thus  your    Lordships    have  as    well  the  narrative  of    Severall 
proceedings,  as  the  matters  of  Fact  from  whence,  wee  doubt  not  but 


536  JOURNAL  OF  INDIAN  HISTORY. 

TOrf^*^Of^e  y^^'"  Lordships  will  bee  best  able  to  deduce  such  Arguments  as  may 
C.     O.     77^  concern  our  Right. 

folio  16S.  '  1-  And  heerein  alsoe  (if  your  Lordships  will  pardon  the  offerring 
what  occurs  to  us)  wee  cannot  but  say  That  the  Freedome  of  Trade 
bettween  Allies  seemes  to  bee  so  founded  in  Right  that  none  can 
interrupt  the  Same  without  the  highest  provocations  to  either  Side. 

2.  That  enhanceing  of  Duties  may  amount  unto  such  an  Interdic- 
tion of  Commerce  as  that  the  Freinds  of  a  Prince  may  bee  made  as 
uselesse  as  if  they  were  his  Enimies. 

3.  That  where  goods  are  exported  and  where  imported,  the  duties 
of  each  Country  are  to  bee  observed.  But  for  a  Third  Prince  to  impose 
duties  as  high  as  both,  for  but  bare  passage  in  a  Streame  of  the  Sea 
is  most  unjust. 

4.  If  the  Streame  were  not  a  worke  of  nature,  but  of  Charge  ;  If 
the  Forts  that  Stand  therein  were  in  the  nature  of  Convoys  to  give 
Shelter  from  the  Moores,  or  were  as  Frontiers  to  guard  the  Shipps 
being  at  Anchor  within,  If  they  maintained  Lights  or  Buois  for 
Security  in  Passage,  then  indeed  might  something  bee  demanded  in 
proportionto  the  Expence  and  the  benefitt  received.  But  those  Forts 
cannot  bee  said  to  guard  or  defend  us  from  those  whome  wee  desire 
to  Trafhck  withall.  They  were  not  built  but  for  the  safety  of  Tannah, 
not  for  the  Island  of  Bombaim,  or  the  Shipps  at  Anchor,  because  as  to 
both  these,  the  Insecurity  lies  from  the  Sea,  and  Bombaim  is  rather 
the  frontier,  from  Pyratts  and  Rovers  unto  all. 

5.  If  some  moderate  thing  were  demanded  in  proportion  to  the 
Three  lamps  that  burn  on  those  Forts,  It  were  but  a  thing  of  Course 
and  ought  to  bee  submitted  unto,  but  to  pay  dutyes  where  there  is  no 
Tralhque  ;  to  bee  stopt  in  the  Course  of  a  Voyage  and  forced  to  the 
Shoare  is  a  thing  of  Violence. 

6.  That  the  King  of  Denmark  doth  take  Custome  of  all  Shipps 
which  pass  the  Elsenore  is  a  mistake  in  the  Vice  Roy  ;  since  what  is 
paid  is  a  small  recompence  for  Lights  and  Buoys  laid,  at  certain 
distances,  forthe  better  security  of  Shipps  in  passing  or  comeing  to  an 
Anchor  in  the  Night,  And  this  alsoe  is  paid  in  manner  and  proportion 
as  is  before  exprest  ;  yett  from  this  pretence  (and  without  considering 
the  disparity  of  being  admitted  to  the  benefitt  of  a  Copious  Trade 
within  Severall  Ports  of  the  Baltic,  where  alsoe  Pyrates  are  hindred 
from  following  and  may  bee  stopped  at  their  comeing  out),  will  the 
Vice  Roy  needs  inferr  a  like  Institution  in  a  poor  Narrow  inconsider- 
able Channell,  where  the  Dominions  of  his  Majestie  may  probably 
reach  or  at  least  come  very  neere  it.  And  this  not  onely  contrary  to 
the  former  practice  of  the  Place  but  contrary  to  the  Former  Practice 
at  Mallaca,  which,  when  in  the  Portugueses  hands,  they  never  demand- 
ed Customes  of  the  English  Shipps  passing  those  streights,  as  being  a 
thing  against  the  Articles  establish 't  between  all  Nations  which  is  to 
have  the  passage  of  their  Streames  and  Harbors  free. 

7.  As  to  the  Port  wee  know  nothing  that  gives  bounds  or  limitts 
to  this  Bay,  But  the  Circle  of  the  Main  Land  round  about  unto  which 
it  flowes,  part  whereof  being  claimed  by  the  King  of  Portugal],  his 


folio  168. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  537 

grant  of  this  water  ought  there  to  bee  caried  on  as  far  (in  any  doubtful!  Public  Re- 
case)  as  may  bee  most  beneficiall  to  his  Majesty  who  received  the  ^^^  o^^??' 
grant.  Vol.  *xill*, 

8.  The  other  part  of  the  main  land,  belonging  to  the  Great  Mogull, 
does  not  afford  matter  of  dispute,  so  that  wee  conclude  (by  what  has 
bin  said  before)  that  the  whole  body  and  surface  of  Water  that  flowes 
in,  and  whole  Fundus  bellow  even  up  to  the  high  water  mark  is  the 
Kings,  and  the  Land  between  the  high  and  Low  water  mark  is  among 
the  Rights  of  the  Admirall. 

9.  Next  wee  presume  to  think,  That  if  this  water  were  given  to  his 
Majestie  as  a  port,  It  was  given  as  a  place  of  safety  from  stormes,  and 
for  releif  of  the  Damages,  which  are  received  at  Sea,  so  that  if  his 
Majesties  Navy  Royall  should  come  into  this  Port  wanting  Timber 
and  other  Necessaries  to  refitt,  could  any  Law  forbid  the  buying  the 
same  from  the  Moores,  and  being  bought,  might  not  a  Toll  bee  as 
Justly  laid  for  the  Anchorage  of  the  Shipps  as  for  the  use  of  this  Timber 
or  the  use  of  Provisions,  or  any  thing  Else  that  was  needfuU. 

10.  The  Sea  where  it  is  mastered,  seemes  to  carry  and  Convey 
with  it  a  Right  of  Dominion,  whithersoever  it  goes.  The  first  conquest 
of  those  Islands  were  made  from  the  Sea,  and  where  the  Sea  overflows 
any  Territory  of  the  neighbouring  Land,  all  that  space  of  Sea  (and  in 
Virtue  thereof  all  the  Land  below  it)  belongs  to  that  Prince,  who  had 
the  Soveraignity  of  the  Sea  before,  so  alsoe  New  Islands  riseing  up  in 
the  Waters  of  any  Prince,  doe  become  his  Right,  as  doe  aU  Islands 
standing  in  his  Seas  without  inhabitation  belonging  unto  him  just  as 
Wrecks  in  the  Sea. 

1 1 .  'Tis  probable  that  the  Islands  not  named  in  the  Grant  to  his 
Majestie  but  Inhabited,  may  have  their  private  Rights  and  properties 
retained  to  the  Owners,  but  tis  not  probable  their  dominion  can  remaine 
since  they  are  so  closely  girded  by  the  dominion  of  another  Prince, 
and  Cannot  submit  but  by  the  benefitt  of  his  Waters,  soe  that  while  the 
Question  is  so  probable  whither  his  Majestie  should  not  have  the 
soveraignity  of  [the]  whole,  how  absurd  is  the  practice  to  make  him  a 
Tributary  in  Part.  That  an  EngUsh  man  might  have  lived  and 
traded  on  better  Terms  at  Bombaim  before  it  was  his  Majesties,  and 
that  his  Portuguez  Subjects  should  bee  put  into  a  State  of  Servitude 
they  never  knew  before,  are  not  surely  the  things  for  which  his  Majestie 
made  the  Treaty,  and  sent  his  Fleet  to  the  Indies  to  take  possession. 

12.  Therefore  wee  cannot  think  the  Portugueses  would  know 
how  to  Complain,  should  wee  by  his  Majesties  permission,  Strengthen 
Our  hands,  and  by  a  Rule  of  retaliation  stop  all  their  Shipps  comeing 
into  the  Port,  that  are  bound  either  to  Tannah,  Basaim  or  Carinjah, 
levieing  as  arbitrary  duties  on  them  as  they  impose  upon  us. 

For  ought  not  the  Main  Land  bee  as  free  for  the  English  as  the 
Main  Sea  to  the  Portugueses,  will  they  give  us  a  port  and  forbid  us  the 
Use  of  that  Land  which  makes  it  a  port  ? 

It  is  therefore  evident  That  as  the  thing  granted  was  at  first 
refused,  so  now '  tis  given,  they  mean  to  take  it  away  again.  For  if 
wee  have  not  liberty  of  Trade,  wee  have  nothing  but  a  poore  limitted 


538  JOURNAL   OF  INDIAN  HISTORY. 

Public     Re-  and  expensive  spot  of  Ground  to  support   and   neither  fitt    for  his 

r*^**n ^^77  ^^i^sties  honor  nor  our  profitt  to  bee  retained. 

Vol.   XIII.  What  therefore,  in  most  humble  manner,  Wee  doe  propose  unto 

folio  168.  y^yj.  Lordships  as  a  fitt  expedient  in  this  afair  is  this.  That  you  would 
please  to  advise  his  Majestie  to  make  a  Solemn  representation  of  this 
Matter  to  the  Prince  of  Portugall,  by  letting  him  understand  the  Extent 
of  Dominion  and  Commerce  promised  and  proposed  by  the  Treaty  ; 
That  after  a  Vast  Charge  in  sending  a  Squadron  to  take  possesion  of 
this  place,  how  the  same  was  refused,  The  Voyage  overthrowne  and 
300  of  Subjects  perished  for  want  of  Shelter. 

That  want  of  resenting  this  Indignity  in  the  manner  it  deserved, 
drew  on  a  presumption  among  the  ministers  in  India,  when  possession 
was  afterwards  given  to  Humphry  Cook  to  compell  him  to  accept  it, 
injuriously,  under  conditions  quite  contrary  to  the  publick  Treaty, 
and  in  him  as  treacherously  accepted,  haveing  had  no  power  for  the 
same. 

That  instead  of  enjoying  Salsett  and  the  pass  at  Tannah  as 
exhibited  to  his  Majestie  in  the  Map,  and  so  promised  by  the  Portugall 
Ambasador,  as  it  was  afterwards  notified  and  objected  to  him  when 
all  these  things  were  fresh  by  a  Memoriall  of  the  25th  of  July  1663 
as  appeares,  and  that  with  much  more  reason  the  Island  of  Carinjah 
ought  in  justice  to  pass  as  being  surrounded  with  the  waters  of  this 
Port,  there  are  severe  Tributes  imposed  on  all  the  Inhabitants  of 
Bombaim,  for  but  passing  in  the  open  streamesby  Tannah  and  Carinjah, 
contrary  to  the  practice  of  the  former  times  before  the  Surrender,  and 
contrary  to  the  Rights  of  Soveraignty  granted  his  Majestie  together 
with  that  Island,  and  contrary  to  the  Law  of  Nations  for  passing  in 
open  streames.  That  by  these  Injuries  the  Place  growing  very  Charge- 
able to  bee  maintained  by  his  Majestie  Hee  thought  fitt  to  transferr 
the  possession  thereof  to  his  East  India  Company  knowing  they  would 
redress  all  particular  complaints  ;  that  if  these  duties  were  laid  on  in 
animosity,  and  revenge  of  particular  wrongs  they  would  soon  be 
removed  ;  But  though  it  is  apparent  that  they  did  all  things  immagin- 
able  for  the  gratification  of  particular  men,  and  restoreing  them  to 
their  Rights  ;  Yett  upon  application  solemnly  made  to  the  Vice  Roy 
at  Goa,  they  have  not  been  able  to  obtain  any  sort  of  redress,  so  that 
if  such  Injuries  be  any  longer  submitted  unto,  the  grant  of  that  place 
will  in  all  its  advantages  bee  totally  subverted  and  come  to  nought, 
which  as  it  was  not  the  intention  of  the  Treaty  on  the  one  hand,  so 
upon  an  impartiall  reflection  how  his  Majestie  performed  his  part 
thereof,  in  the  assistances  given  that  Crown  nearer  home,  It  may  not 
bee  possible  but  his  Majesties  friendship  in  that  part  of  the  World 
may  alsoe  produce  some  suitable  Effects. 

That  his  Majestie  being  therefore  excited  in  his  Own  honor  to  see 
this  matter  determined  according  to  publique  Justice,  and  sorry  that 
hee  should  invite  his  East  India  Company  into  so  vast  an  expence  by 
improvements  and  Fortifications  of  the  Place  without  seeing  them 
reape  the  just  benefitt  in  freedome  of  Trade  that  belong  there  unto, 
but  seeing  that  they  rather  languish  in  the  expectation  thereof ,  than 
that  they  hitherto  enjoy  it,  Hee  cannot  any  longer  forbear  to  express 
his  resentments  herein.     And  although  upon  all    these    provocations 


ANGLO-PORTUGUESE  NEGOTIATIONS.  539 

and  the  insuccesse  of  all  endeavours  in  India,  His  Majestie  be  im-  Public  Re- 
portun'd  to  permitt  the  Companie  to  right  themselves  by  laying  equall  cord  Ofi&c©, 
impositions  on  all  Vessels  bound  either  for  Tannah,  Basaim  or  Carinjah  y^j  ^'  j^j'j' 
by  the  way  of  that  Port  ;  Yett  hee  Rather  Chooses  to  suspend  his  foSo  les. 
Finall  Answer  herein  untill  the  goeing  of  the  next  yeares  ships.  How- 
ever that  his  Majestie  doe  declare  it  as  a  point  of  selfe  defence  (which 
no  Law  can  forbid)  that  hee  had  already  directed  and  commanded 
his  said  Companie  to  refuse  and  resist  the  Imposition  of  those  Tributes 
in  the  best  manner  they  could,  and  that  his  Majestie  does  hope  before 
the  next  spring  and  the  goeing  of  the  Ships  that  then  depart,  to  have 
this  matter  fairly  composed  to  the  satisfaction  of  all  that  are  concerned, 
by  a  redresse  of  all  the  Evils  past  and  restitution  for  what  has 
bin  unjustly  exacted.  And  therefore  to  desire  of  the  Prince  to  enter 
imediatly  into  an  elucidation  of  the  11th  Article  of  the  Treaty  of 
Marriag[e],  to  ascertain  the  Rights  intended  by  that  Treaty,  and  to 
insert  the  same  into  the  Treaty  of  Commerce  which  is  now  intended 
to  bee  renewed  with  that  Crowne.  That  his  Majestie  would  in 
particular  declare  against  the  unjust  capitulation  forced  upon 
Humphry  Cook,  to  have  it  quite  laid  aside  and  mortified,  because  as 
hee  neither  had  Power  or  Comission  to  accept  such  a  thing,  soe  nobody 
had  power  to  impose  anything  contrary  to  the  Treaty,  as  that  notori- 
ously appeares  to  bee.  That  in  the  next  place,  the  Trade  into  the 
Countryes  of  the  MoguU  and  Savagee  or  any  part  of  the  Main  may 
bee  open  and  free  ;  not  onely  to  the  English  but  all  the  Inhabitants 
of  Bombaim,  and  all  other  Merchants  tradeing  to  and  from  that  Place, 
as  well  for  Timber  and  Provisions  as  for  all  other  sorts  of  Merchandizes 
whatsoever. 

And  Lastly  as  to  the  other  Points  that  soe  muc  bee  insisted  on 
as  apeares  to  bee  the  plain  sence  and  scope  of  the  said  Article,  when 
the  same  was  treated  and  adjusted  between  the  two  Crownes.  That 
so  by  a  Cleere  understanding  of  what  has  for  so  many  yeers  bred  and 
wiU  every  day  create  new  disputes  and  Contentions  between  the 
Subjects  of  either  Prince,  that  they  may  at  last  learne  to  correspond 
and  live  in  mutual  Offices  of  Freindship  and  assistance  to  each  other. 

All  which  is  most  humbly  submitted  unto  Your  Lordships. 
12th  February  1676. 

[Endorsed.] 

Copy  of  a  Report  from  the  East  India 
Company  touching  the  reparations  they 
demand  in  the  Business  of  Bombaim. 

Read  at  the  Committee  13  February  1676/7. 
A  Court  of  Committees  holden  24th  April  1677. 

It  is  ordered  that  a  gratuity  of  100  Guinies  be  given  to  Sir  Robert  ^^I^  x^^ 
Southwell  one  of  the  Clerks  of  his  Mats,  most  hon.  privy  Councel,  for  j26.' 

his  great  paines  in  drawing  up  the  state  of  the  case  relating  to  the 
Compa.  interest  in  the  port  &  Island  of  Bombay  &  the  Dependencies 
thereof,  and  in  manageing  that  affayr  with  the  Lords  Comtees.  for 
trade,  for  removing  the  obstructions  given  to  the  Compa.  trade  by 
the  Forts  of  Tannah  &  Carinjah,  as  also  by   the    Portugals   refusing 


540  JOURNAL  OF  INDIAN  HISTORY. 

Court  Book,  to  give  passes  to  the  Natives  jounks  for  Gombroon  :  and  the  Governor 
^  "^loi^  *  Depty,  &  Mr.  Houblon  or  any  two  of  them  are  desired  to  present  the 
P*^®  same  accordingly. 

The  following  documents  deal  with  another  phase  of  this 
controversy.  Mahim  is  now  the  bone  of  contention,  and  the 
Company's  efforts  are  directed  towards  securing  a  foothold  on 
that  Island.  It  is  instructive  to  compare  the  documents  quoted 
above  with  the  following  copy  of  an  important  petition  from 
the  East  India  Company.  The  petition  is  couched  in  the  blunt, 
forcible  way  characteristic  of  the  homely  wit,  maudlin  humour 
and  pugnacious  temperament  of  the  Directors.  Their  task  was 
rendered  much  easier  through  the  support  of  all  the  impor- 
tant officials  of  the  King.  His  Majesty  and  his  servants  were 
frequently  granted  substantial  gratuities,  and  the  extract  quoted 
above  shows  that  Sir  Robert  Southwell  himself  accepted  a 
gratuity  of  £100  from  the  Company. 

A  Court  of  Committees  holden  11th  July  1677. 

X    X    X    i  It  is  ordered  that  the  narrative  of  the  proceedings  of  the  Captn. 

page  141.  Generall  of  the  Portugueze  at  Basseim  against  the  English  at  Bombay 
mentioned  in  the  last  advises  from  Suratt  be  drawn  out  and  presented 
to  the  Rt.  honble.  the  Lords  Committees  for  trade  and  plantations ; 
that  busines  of  Mahim  being  now  depending  before  them. 

Public     Re-  ^®  *^^  Right  honble.  the  Lords  of 

cord    Office,  the  Comittee  for  Trade  and  Plantations, 

C.     O.     77, 

Vol.     XIII,  The  Governor  and  Company  of  Merchants  of  London 

folio  252.  tradeing  into  the  East  Indies  doe  most  humbly  answer. 

Portugueze 

General     at    jyj^y  IT  PLEASE  YOUR  LORDSHIPS. 
Basseim, 

^c^  ^  ^^  Haveing  received  your  Lordships  directions  of  the  *  to 

returne  our  farther  Observations  on  the  Memoriall  of  the  Portugall 

•  [  Blank.  ]  Ambassador  recited  in  our  last  answer  of  *  touching 

his  pretensions  to  Mahim  and  the  Rights  of  the  Prince  his  Master 
therein. 

Wee  are  at  a  great  Loss  to  think  what  sort  of  Title  he  can  sett  up, 
though  wee  doubt  little  of  the  Motives  he  may  have  to  attempt  it. 

1.  Perhaps   he  will  argue  That  Mahim  is  a  distinct  Island  from 

Bombaim,  and  that  this  later  is  onely  mentioned  and  given 
by  the  Treaty. 

2.  Hee  may  pretend  that  Mahim  does  belong  to  particular  men, 

whose  properties  the  King  of  Portugall  could  not  give 
away,  and  that  even  the  Customes  and  publick  Revenues 
of  the  Crowne  were  morgaged  out  for  severall  Lives  unto 
particular  men,  which  ought  to  be  made  good. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  541 

3.  Hee  may   hope    by    disputeing    the    Title    to    discourage   our  ^^^^p.^^®" 

Improvements  there.  Or  at  length  by  yeelding  this,  to  Stop  '^^  q      ^' 
and  conclude  our  pretensions  to  any  more.     Or  to    gain  Vol.      XIIl', 
some  Sanction  to  the  Injurious  capitulation  imposed   on  folio  252. 
J  Mr.  Humphery  Cook  upon  the  Surrender,  for  they  take  a 

liberty  of  hopeing  any  thing  since  they  have  been  able  to 
get  over  the  Offence  of  the  first  refusall  of  Bombaim  with 
Impunity. 

4.  The  Ministers  of  Portugall  may  have  been  in   deep    Meditation 

how  to  get  back  Bombaim,  for  of  a  Long  time  they  have 
openly  discoursed  of  repurchaseing  it  from  his  Majestic. 
But  untill  they  doe  by  such  fair  Method  compass  it,  tis 
very  probable  they  will  ever  maligne  and  endeavour  to 
obstruct  our  prosperity  in  that  place.  And  how  far  this 
their  temper  is  predominant  in  them  may  plainly  be  inferred 
from  the  following  observations  : 

1.  They  did  in  the  very  beginning  overthrow  the  Lord  Malboroughs 

voyage,  who  in  1662  carry ed  in  his  squadron  a  Portugueze 

Vice  Roy  called  Dennis  de  Melo  de  Castro  to  deliver  that 

place,  and  500  English  Soldiers  to  possess  it,  who  being 

kept  out  and  forced  to  attend  New  Orders  300  of  them, 

with   their    designed    Governor,    Sir    Abraham     Shipman, 

died  miserably  in  a  desolate  Island.     And  the  fitting  of 

that  Squadron  cost  his  Majestie  lOO™  /*'.*  which    was  all     *  [  = 

lost.  -  £100.000] 

2.  When  in  February  1664/5  the  said  Vice  Roy  did  think  fitt  to 

Surrender  the  Island  to  the  surviving  English,  it  was  under 
various  conditions,  quite  altering  and  retrenching  in 
Severall  Points  the  plain  sence  of  the  Treaty. 

3.  They  proceeded  presently  after  this  to  lay    on    a    New    and 

arbitrary  Tax  on  our  Trade  in  the  Streames  of  Tannah  and 
Carinjah,  and  have  StiU  continued  the  same  with  great 
Severity. 

4.  They  make  a  Monopoly  of  all  manner  of    Timber    not  to    be 

purchased  but  at  their  own  Rates. 

5.  They  Secretly  perswade  the  Inhabitants  of  the  place,  that  they 

are  Still  under  the  Allegiance  of  Portugall. 

6.  They  brave  it  with  the  Flaggs  up  in  the  Port  of  Bombaim,    as 

it  were  in  defiance  of  our  Castle,  and  the  Flag  of  his 
Majestie  there  Erected.  And  when  wee  complain  of  any 
Outrages  on  our  Ships  at  Sea,  and  other  abuses  suffered  by 
Land,  there  is  no  redress  to  be  had  in  those  Parts. 

7.  Wee  are  denied  by  the  Vice  Roy  of  Goa  liberty  of  Trade    in 

their  Ports,  though  the  12th  Article  is  expressly  for  that 
End,  his  answer  being  that  he  must  first  consult  the  Prince, 
this  being  a  Royallty  which  neerly  touched  his  own  Person, 
and  wherein  all  Vice  Roys  were  absolutely  restrained  etc. 


542  JOURNAL  OF  INDIAN  HISTORY. 

Sd '^Offi«"     ^-     ^^®y  ^^y^  ^^*^^y  refused  their  Customary  Passes  to  any  of    the 
C.     o.    77',  native  Jouncks  that  would  goe  to  Gombroone  in  Persia, 

Vol.    XIII.  where  the  Company  have  half  the  Customes,  thereby  to 

folio  252.  obhge  them  for  Security  to  Trade  unto  Cong,  where  they 

have  the  Like  part  of  the  duties,  whereof  complaint  was 
made  to  his  Majestie  in  February  last. 


;^80.000    ] 


^  And  now  that  wee  have  raised  a  Fort  in  Bombaim  with  100  Gunns 

JO  000 1  rnounted  thereon,  setled  the  Government  and  expended  80m  £* 
on  the  place  to  make  it  usefull  for  the  Trade  of  the  Nation,  And 
after  13  Yeers  possession  since  the  Surrender,  They 

9.  Put  in  a  New  claime,  and  would  now  rend  away  a  Principall 
Member  of  the  whole,  alledging  a  Protest  made  for  saving 
their  Right  Whereof  wee  never  had  any  notice  before. 

10.  And  while  the  Ambassador  is  here  negotiating  for  this  Limb 
of  that  Island,  the  Governor  of  Basaim  is  takeing  it  by  force. 
Insulting  the  place  with  a  Body  of  1200  men,  as  by  the 
Letters  of  April  1676  may  appear. 

So  that  what  they  gave  his  Majestie  for  his  Protection  in  their 
distress,  while  his  Armes  and  Mediation  was  of  use  unto  them,  they 
would  pull  away  and  undermine  now  that  they  are  at  Rest.  But  how 
by  any  Colour  or  pretence  of  Right  they  mean  to  Justify  this  demand 
wee  cannot  see,  for 

1.  Bombaim  and  Mahim  were  alwaies  united  under  one  governor, 
and  both  excluded  out  of  the  Government  of  Basaim.  In 
auncient  time  Mahim  was  the  name  of  the  whole.  There 
was  a  great  Castle,  and  the  Residence  of  a  Moorish  King. 
It  has  ever  since  continued  to  be  the  place  for  the  head 
Custome  house,  it  had  dependent  on  it,  and  within  its 
district,  not  onely  70  villages  of  the  Island  Salsett  and  the 
whole  Isle  of  Caranjah  etc.,  but  that  also  of  Bombaim,  as 
appears  by  the  Records  and  Lawes  of  the  Custome  house 
there  preserved  to  this  day.  So  that  if  the  Prince  has 
any  Title  to  the  Lands  of  Mahim,  he  has  it  also  to  the 
Sovereignty,  the  Rights,  priviledges  and  dependancies 
thereof,  and  which  if  true  then  is  his  Majestie  tributary 
in  Bombaim  to  an  adjacent  Spott,  and  the  Sovereignty 
of  that  Port  and  Island  mentioned  in  the  Treaty  is  but  an 
Empty  Sound. 

2.  There  is  little  doubt  but  that  both  those  places  are,  in 
the  Generall  Stile  and  way  of  Speaking,  comprehended  in 
the  name  of  Bombaim,  as  the  Denomination  is  taken 
usually  from  the  Greater  part.  For  can  it  els  be  imagined 
that  a  Spott  so  contiguous,  nay  that  is  united  to  Bombaim 
(but  onely  when  the  Waters  of  his  Majesties  own  Port  doe 
wrap  it  round  and  that  the  Tide  is  in)  could  be  excluded 
from  the  Grant  of  the  rest  without  words  of  particular 
reservation  to  that  Effect. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  543 

What  meaning  els  can  be  given  to  the  Words  of  the  Treaty, 

if  this    part   at  least  be  not  comprehended  ?  For  to  the  Public     Re- 
Grant  of  the  Port  and  Island  of  Bombaim  tis  also  added,  eord  Offiice. 
Together  with  all  the  Rights  Territories  and  dependencies  y    ?•  xni' 
whatsoever,  And  then  upon  repeating  again  the  things  folio '252.    ' 
granted,  Tis  not  onely  said  the  Port  and  Island  But  also 
the  premises  and  all  the  Regalia  thereunto  appertaining. 
In  the  very  same  words  is  the  2nd  Article  of  the  said  Treaty 
relateing  to  Tangier,  where  nothing  is  particularly  named 
but  the  Citty  and  the  Castle.     Yet  the  general  words  of 
Regalia  did  pass  the  Harbor,  the  Mole,  the  Arsenal,  the 
Cannon,  the  Custome  house,  the  Courts  of  Guard,  and  all  the 
Territory  serving  for  Forage  which  was  within  defences. 

The  whole  Scope  of  the  1 1th  Article  declares  a  purpose  for  the 
enlarging  our  Trade  and  Territory,  and  the  15th  is  again 
expressly  full  of  the  same.  Nothing  indeed  was  then 
thought  too  dear  for  his  Majesties  allyance,  But  now,  by  the 
course  of  Time,  the  onely  Scope  and  intention  of  our 
Allies  seems  to  be  to  dismember  us,  so  that  if  protesting  and 
a  different  name  from  Bombaim  be  sufficient,  when  any 
Spott  is  separated  from  the  rest  (as  Mahim  it  self  seems  to 
have  been  by  the  Tydes)  every  Storm  may  beget  a  New 
Title,  and  his  Majesties  Dominion  of  the  Land  may  be 
destroyed  by  what  he  holds  in  the  Sea. 

Wee  doe  presume  to  observe  That  the  Ambassador  mentions 
onely  the  Treaty,  and  the  11th  Article  thereof,  and  sales 
nothing  of  the  Capitulations  imposed  on  Humphrey  Cooke, 
though  in  the  Indies,  at  every  turn  they  are  insisted  upon, 
and  imposed  as  the  Rule,  and  were  doubtless  by  the  Tenour 
of  them  framed  in  Portugall  to  that  end.  But  as  to  the 
present  question  they  make  more  in  our  favour  then 
otherwise  as  by  these  following  Instances  will  appear. 

The  Second  Article  is  in  words  thus. 

1.  That  neither  the  Port  of  Bandora  in  the  Island  of  Salsett,  nor 
any  other  of  the  same  Island,  shaU  be  obstructed,  but  that 
all  the  ships,  as  well  those  that  shall  goe  out  of  the  said 
Port  or  Ports  as  those  that  shall  come  to  them,  may  freely 
pass,  and  the  English  shall  not  alledge  that  they  pass  under 
their  Artillary,  because  with  this  condition  the  said  Island 
Bombaim  is  delivered  to  them,  and  they  shall  not  desire 
more  then  is  granted  them  by  the  Article  of  Peace,  and 
Treaty   of    Marriage. 

The  7th  Article  begins  thus. 

2.  That  the  Inhabitants  of  the  Islands  of  Salset,  Caranjah, 
Baragnas  and  the  rest  (which  are  of  our  Jurisdiction)  shall 
freely  Fish  in  the  said  Bay  and  River,  and  in  that  Arm 
that  enters,  and  which  divides  Bombaim  from  Salsett  by 
Bandora  up  into  the  Bay  etc. 


544    •  JOURNAL  OF  INDIAN  HISTORY. 

^"d^^  offi^^'         ^^  *^^*  *^^  ^^*  looking  on  the  Map,  and  it  will  appear  that  their 
C^    o.     77  ®^^  Capitulation  does  condemn  them. 

Vol.  'xilli  ,        . 

folio  252.  1.     Bandora,  which  stands  on  the  other  side,    was    not    thought 

Secure  without  this  Salvo. 

2.  Remoter  Islands  are  named,  but  no  mention  of  Mahim. 

3.  The  same  Arme  which  divides  Bombaim  from  Salsett,  divides 
also  Mahim  from  Salsett,  and  therefore  ^Bombaim  and  Mahim  are 
allowed  to  be  the  same  thing. 

Thus  wee  have  promiscuously  set  down  what  occurs  unto  us  in 
this  matter,  as  not  knowing  by  what  Arguments  or  in  what  particular 
Method  the  Ambassador  will  proceed  to  support  his  claime,  which 
perhaps  a  short  question  made  him  touching  the  time  of  that  protest, 
and  the  Motives  of  it,  or  rather  a  demand  of  the  Protest  it  self,  might 
discover. 

But  wee  doe  here  most  humbly  beg  of  your  Lordships  to  lay  hold 
on  the  Negotiation  that  is  Offered  by  this  Memoriall,  that  wee  may 
thereby  attain  the  Ends  of  our  Representation  made  your  Lordships 
on  the  12th  of  February  last,  unto  which  wee  desire  to  be  referred. 
It  being  a  Matter  of  Great  Importance  to  our  Trade,  and  wherein  by 
your  Lordships  favour,  wee  have  made  one  considerable  Step,  by 
obtaining  his  Majesties  Letter  to  the  Vice  Roy  at  Goa,  and  shall  need 
farther  applications  to  the  Prince  of  Portugal,  in  order  to  compleat 
that  work,  the  whole  consisting  in  a  due  explanation  of  the  11th 
Article  of  the  Treaty  of  Marriage,  into  which  affair  the  Ambassador 
seems  qualified  with  powers  to  enter,  and  wee  hope  so  good  an 
overture  will  not  be  lost. 

All  which  is  most  humbly  Submitted  unto  your  Lordships. 
4th  September  1677, 

[  Endorsed.  ] 

The  East  India  Companies  answer  to  that  part  of 
the  Portugal  Embassadors  Memorial  concerning  the 
pretensions  to  Mahim. 

Court     Book  A   CoURT   OF  COMMITTEES   HOLDEN    5tH    SEPTEMBER     1677. 

XXX,    page 

156.  Mr  Parry  lately  representing  unto  the  Court,  that  he  was   going 

Envoy  for  his  Maty,  to  the  Court  of  Portugal,  f  and  that  having 
attended  Mr  Secry.  Coventry  for  his  instructions,  Mr  Secry.  told  him 
that  he  wanted  information  touching  this  Compa.  affayrs  at  Bombay  ; 
and  therefore  directed  him  to  acquaint  this  Court  therewith  :  On 
consideration  whereof  had,  it  is  ordered  that  Maj,  Thomson  be  desired 
to  cause  a  copie  of  the  Compa.  last  address  to  the  Rt.  hon.  the  Lords 
Comtees.  for  Trade  and  Plantations  to  be  transcribed,  and  the  Comtees. 
for  Suratt  are  desired  to  attend  Mr  Secry.  Coventry  with  the  same, 
and  that  Mr.  Parry  have  notice  of  the  time. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  545 

CouNciLL  Chamber, 

25th  of  October  1667  [sic,  i.e.  1677]. 
Sir  Public      Re- 

The  Right  Honble.  the  Lords  of  the  Committee  for  Trade  q  q  77' 
and  Plantations  upon  consideration  of  the  Business  of  Bombaim  as  vol.  Xlll', 
it  lyes  before  them  by  Petition  from  the  East  India  Company  did  this  folio  268. 
day  agree  to  Report  unto  his  Majestie  in  Councill  that  as  His  Majestic 
has  already  been  pleased  to  signify  by  His  Royall  letters  unto  the 
Vice  Roy  of  Goa  his  Commands  given  unto  the  East  India  Company 
to  refuse  payment  of  those  unjust  demands  at  Tannah  and  Caranjah, 
So  it  is  now  time  that  the  Prince  of  Portugall  do  receive  the  same 
intimation,  that  he  may  give  his  positive  Orders  to  His  Officers  in 
India  to  exact  no  more  duties  of  the  English  Nation  which  Report 
will  be  presented  unto  His  Majestie  at  the  first  meeting  of  the  Councillj 
Their  Lordships  have  at  the  same  time  perused  the  East  India 
Companies  Answer  to  that  part  of  the  Portugall  Ambassadors  Memorial 
that  concerns  the  Oppressions  of  the  Portugueses,  and  particularly 
of  Alvaro  Pires  de  Tavora  ;  of  which  they  have  not  only  expressed  their 
full  approbation,  but  have  likewise  Ordered  that  it  be  shew'n  unto 
the  Portugall  Ambassador  when  he  shall  insist  upon  the  said 
MemoriaU. 

Their  Lordships  having  dispatched  so  much  of  this  business  do 
now  think  fitt  that  the  East  India  Company  do  bring  in  their  Answer 
to  the  other  part  of  the  Ambassadors  Memorial!,  which  Questions 
their  right  to  Mahim,  and  the  extent  of  His  Majesties  Soveraignty  in 
those  parts,  that  so  their  Lordships  may  be  fully  enabled  to  satisfy  his 
Excellency  upon  the  whole  Complaint.  All  which  by  their  Lord- 
ships Commands  I  signify  unto  you.     And  am  with  all  respect. 

Sir 

Your  Most  Humble  Servant 

Wm.  Blathwayt. 
To  the  Governor  of  the  East  India  Company. 

[Addressed.] 

To  Sir  William  Tompson  Knight 

Governor  of  the  East  India  Company. 

These. 

[Endorsed.] 

25  October  1677. 
Mr.  Blathwaite's  Latter. 

20  October  1677. 

There  being  this  day  presented  to  his  Majesty  in  Council!  a  Report 
from  the  Right  Honble.  the  Committee  of  Trade  and  Plantations 
in   the   words   following. 

*  May  it  please  your  Majestie.  *[The    full 

Wee  did  by  Our  Report  to  Your  Majestie  in  Councill  on  the  23rd  t®''*  of  tl^is 
of  February  last  past.  Set    forth    the    many  hardships  which  Your  men\appS,rs 
Subjects  of  the  East  India  Company  did  Sustaine  in  their  Possession  at  foi.  270.] 
of  the  Island  of  Bombaim  being  in  perticuler  constrained  by  the  Portu- 


546  JOURNAL  OF  INDIAN  HISTORY, 

Public     Re-  g^^zes  there  adjoyning,  to  pay  certain  Arbitrary  Tolls  and  duties  con- 
cord   Office,  trary  to  all  Right.     So  that  Your  Majestie  thereupon  thought  fitt, 
c.     o.    77^  to  command  Your  Said  Subjects  to  refrain  submitting  to  such  Pay- 
Voi.      XI  a  ments,  and  ever  to  resist  the  same  in  the  best  manner  They  could,  and 
foho  274.      hereof  Your  Majestie  was  pleased  by  your  Royall  Letters  to  make 
signification  to  the  Vice  Roy  of  Goa,  with  the  motives  Inducing  the 
same  and  hereof  alsoe  wee  think  it  high  time,  that  Your  Majestie  doe 
by  Letter  Intimate  to  the  Prince  of  Portugall,  the  Grounds  and  Progress 
of  this  matter,  to  the  Effect  following. 

That  Your  Majestie  having  thought  fitt  to  deposite  into  the  hands 
of  your  Subjects  of  the  East  India  Company  the  care  and  Possession, 
of  Your  Island  and  Port  of  Bombaim,  together  with  all  the  Territories 
and  dependancies  thereof,  They  have  exposed  to  Your  Majesty  the 
state  of  severall  Injuries  susteined  by  them  from  the  neighbouring 
Portuguezes,  and  that  notwithstanding  They  have  frequently  and  in 
all  due  manner,  offerred  Their  Complaints  herein  to  the  Vice  Roy  of 
Goa,  yet  noe  redress  was  given,  or  can  be  hoped  for. 

That  the  particuler  Greivance  now  to  be  mentioned,  is  of  an  unjust 
demand,  made  by  order  of  the  Governor  of  Basaim,  of  certaine 
Arbitrary  Tolls  and  Taxes  imposed  on  your  Majesties  Subjects,  as 
They  Trade  and  pass  in  Boates,  in  the  open  Streames,  by  the  Forts 
Tanah  and  Caranjah,  in  Their  way  to  the  Territories  of  the  Great  Mogul 
and  Savag^e,  with  whom  Your  Majestie  is  in  Friendship.  Nor  is  the 
Prince  of  Portugall  in  Warr. 

That  if  Your  Subjects  shaU  remain  thus  burthened  and  perplexed 
in  their  Trade,  the  Grant  of  Bombaim  will  prove  altogether  fruitless  ; 
which  as  it  cannot  be  imagined  was  the  Intention  of  Portugall,  soe 
neither  can  Your  Majestie  easily  part  with  an  advantage  that  is  the 
more  valuable  to  You,  as  coming  in  Marriage  with  Your  Deare  Consort 
the  Queene. 

That  these  Tolls,  and  Impositions,  were  never  practised  or  laid 
on,  in  any  former  times,  under  the  Crown  of  Portugall. 

That  the  Treaty  is  contrary  to  Them  ;  and  their  exaction  utterly 
disavowed  in  all  like  cases  by  the  Law  of  Nations.  Soe  that  Your 
Majesty  has  thought  fit  to  forbid  Your  Subjects  to  submitt  unto  the 
Payment  of  Them  in  the  future  ;  and  if  any  Acts  of  Compulsion  be 
made.  That  they  resist  the  same  in  the  best  manner  They  Can. 

That  Your  Majestie  by  the  Ships  that  last  departed,  has  hereof 
given  full  intimation  by  your  Royall  Letters  to  the  Vice  Roy  of  Goa, 
signifying  also  your  Purpose  of  acquainting  the  Prince  his  Master 
with  the  same  as  now  you  doe.  Not  doubting  but  That  his  Highness 
would  be  more  inclin'd  upon  hearing  the  nature  of  the  Complaint  to 
order  restitution  of  what  has  bin  for  soe  many  yeares  unjustly  exacted, 
than  to  give  Countenance  to  the  Continuation  of  such  a  Wrong. 

That  therefore  Your  Majestie  does  desire  his  Highness  to  issue 
forth  speedy  orders  to  his  Vice  Roy  of  Goa,  as  also  to  the  Governor 
of  Bassaim,  that  a  stop  be  put  immediatly  unto  the  Levying  and 
forcing  any  Tribute  from  your  said  Subjects,  in  their  Trade  and  Passage 
in  the  Streames  aforesaid,  it  being  a  Thing  not  onely  Injurious  in  it 
selfe  ;  but  even  wounding  the  Right  of  Your  Majestie 's  Soveraignty 
in  that  Place. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  547 

And  lastly  To  the  end  That  not  onely  this  and  other  Complaints  Public     Re- 
and  difficulties  which  have  arisen,   But   even  the  memory  of  that  ^^'^  o^^r?' 
grievous  violation   and  the  Consequences  thereof,  Committed  in  the  yoI      xill' 
begining  about  the  non  surrender,  may  be  buried  in  oblivion  ;  Your  fo  io.  274. 
Majesty  does  propose  that  full  and  ample  Powers  be  sent  by  his  High- 
ness, unto  his  Ambassador  Extraordinary  residing  in  this  Court,  for  the 
better  Elucidation  and  cleering  up  the  Eleventh  Article  of  the  Treaty 
of  Marriage,  which  is  the  onely  Rule  hitherto  subsisting  that  can  limitt 
or  enlarge  Your  Majestie's  Rights  of  Possession  and  Soveraignty  in 
those  parts.     This  being  the  onely  meanes  to  have  a  lasting  foundation 
of  friendship  and  good  Correspondence,  between  the  Subjects  of  either 
Crowne  in  these  parts  and  to  make  Bombaim  of  that  Importance  to 
your  Kingdom,  as  by  the  Grant  thereof,  was  doubtlesse  intended  on 
either  Syde. 

All  which  is  most  humbly  Submitted. 

'  Finch. 

Anglesey. 
Essex. 
Craven. 
J.  Williamson. 
J.  Ernle. 
CouNCiLL  Chamber 

25th  of  October  1677. 

His  Majesty  upon  consideration  thereof  was  gratiously  pleased.  Court   Book 
to    Approve   the    same ;    And    the    Right    Honble.    Mr.    Secretary       ^^^ 
Coventry  is  accordingly  to  prepare  a  letter  for  his  Majesties  Royall    P^g®^^- 
Signature.    And  to  Instruct  Mr.  Parry  his  Majesties  Envoy  in  Portugall 
to  sollicite  the  effects  thereof.     But  in  the  said  letter  the  word  elucida- 
tion in  the  last  clause  of  the  Report  is  to  be  Omitted,  least  thereby 
the  Court  of  Portugall  should  thinke  that  they  were  let  into  the  make- 
ing  of  a  New  Treaty,  Whereas  the  Article  of  the  old  one  does  containe 
his  Majesties  Rights,  and  needs  onely  some  explanation  and  assertain- 
ing  of  the  same.     As  also  to  exclude  and  extinguish,  certaine  abusive 
practises  on  the  other  Side  which  have  no  Countenance  from  the  said 
Article,  but  are  rather  contrary  thereunto. 

{Endorsed.'] 

26th  of  October  1677 
Order  upon  a  Report 
concerning  Bombaim. 

[Inserted  Title.] 

Order   of     Councill     on   a 
Report  concerning  Bombay. 

A  Court  of  Committees  holden  1st  November  1677.  pubUc    Re- 

On  reading  a  Letter  from  Sir  Robt.  Southwell  directed  to  Sir  ^P''^  J^^Sl- 
Nath.  Heme,  and  of  an  order  of  his  Matie.  in  Councell  touching  the  y^j      xill' 
duties  exacted  from  the  Inhabitants  of  Bombay  by  the  Portugueezes  foUo  278. 
at  the  Passes  of  Tannah  and  Carinjah  It  is  ordered  ;  That  it  be  referred 


548  JOURNAL  OF  INDIAN  HISTORY. 

Public     Re- to  the  Comtees.  for  Surrt.  to  consider  thereof  and  to  attend  the  Rt. 
a)r<i    Ofl5ce,  Honble.  Mr.  Secrie.  Coventry  touching  the  Letter  to  be  written  to  the 
Vol     xill'  Prince  of  Portugall,  mentioned  in  the  said  Order,  and  to  proceed  in 
folio  278.     '  the  managing  of  the  said  Affaire  as  they  shall  thinke  fitt. 
May  it  please  your  Majesty 

A  few  dayes  after  my  arrival  in  this  State  to  execute  the  place  of 
Vice  Roy,  which  the  Prince  my  Master  was  pleased  to  intrust  me  with  : 
the  Count  de  Laurader  to  whom  I  succeeded,  delivered  me  the  letter 
your  Majesty  was  pleased  to  write  him,  concerning  some  differences 
touching  the  Duties  of  Carinjah  and  Tannah.  And  that  your  Majesty 
may  see  alwaies  with  how  great  a  regard  to  his  service  we  act,  in  what 
concerns  your  Majesties  Subjects,  which  is  so  much  recommended  to 
us  by  the  Prince  my  Master,  I  shall  represent  to  your  Majesty  what  I 
have  been  able  in  so  short  a  time  to  understand  of  this  affayr. 

The  Indians  call  Mandeins  that  which  we  term  a  Custom  house 
Carinjah  hath  alwaies  been  the  Custom  house  of  the  whole  Terra 
firma  ;  Tannah  of  this  part  of  Galiana  and  Biundi,  terra  firma  of  the 
Indians,  and  Bombay  of  its  district  In  which  place  every  one  payes 
the  duty  according  to  the  order  of  the  ancient  assize  ;  and  the  Custome 
established  in  the  time  of  the  Government  of  the  Indians  :  And  since 
^  the  subjects  of  the  Prince  my   Master  are   not   dispensed  with  from 

paying  the  duties  due  at  Bombay,  it  seems  not  just  that  your  Majestie's 
Subjects  should  be  exempted  from  paying  the  duties  belonging  to  the 
places  which  depend  of  the  Prince  my  Master,  whose  Subjects  suffer 
great  prejudice  by  those  of  your   Majesty,  who  have  got  into   posses- 
sion of  a  greater  extent  of  ground  then  was  setled  by  the  treaty  made 
in  Portugal.     And  hereof  advice  hath  been  given  to  the  Prince  my 
Master,  to  the  end  that  neither  we  on  our  side  may  be  wanting  in  any- 
thing that  hath  been  agreed  by  the  said  treaty,  nor  the    Subjects    of 
your   Majesty   extend   themselves   further.     There   have   been   some 
passages  that  would  have  greatly  scandalized  us,  but  that  we  are  sure 
it  is  not  done  with  your  Majesties  permission  nor  cone  to  your  know- 
ledge, which  makes  us  hope  your  Majesty  will  cause  all  things  to   be 
reduced  to  the  terms  established  by  the  said  treaty.    As  to  the  Pass- 
ports, we  give  them  to  the  Indians  in  the  accustomed  form,  and  in 
Persia  since  the  loss  of  Ormuz  we  never  have  had  peace  with  that  King 
but   for  the  Port  of  Congo  by  an  accord  made  fourty  years  agoe  by 
General  Ruy  brother  of  Andrade,  with  promise  to  pay  half  duty  to  this 
Custom  house,  and  never  to  give  passport  except  for  this  onely  Port. 
And  this  hath  been  alwaies  continued  so  and  we  have  peace  in  noe 
place  of  Persia  but  that  :  and  nothing  hath  been    innovated  lately 
which  may  give  cause  of  complaint  to  your  Majestie's  Subjects,  who 
in  all  the  ports  of  the  Prince  my  Master  do  alwaies  meet  with   friend- 
ship and  good  correspondence,  not  onely  for  the  common  advantage, 
but  even  for  the  advantage  of  each  particular.     And  your  Majesty  may 
be  assured,  that  in  whatsoever  you  shall  be  pleased  to  command  me 
for  your  service,  I  shall  employ  my  self  with  all  kind  of  affection,  as  the 
Prince  my  Master  recommends  to  me.     God  preserve  your  Majestie's 
person  many  years. 

Goa  11th  November  1677. 

Signed, 

Don  Pedro  de  Almayda. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  549 

[Endorsed.] 

Translate  of  the  Prince  of  Portugal's  Ambassadors  Letter 
to  his  Majestie  touching  the  differences  about  Customes 
at  Tannah  and  Carinjah. 

11  November  1677. 

Whitehall 

December  1st  1677. 

Sir 

The  East  India  Company  of  London  having  made  their  Complaint  Public     Re- 
to  his  Majestie  of  Divers  Injuries  done  them  by  the  Portuguezes  at  or  9.°^*^  0^*77' 
neer  the  Island  of  Bombaim,  and  perticularly  about  their  demanding  yq^     xiii' 
and  exacting  from  his  Majesties  Subjects  certain  arbitrary  Tolls  and  folio  284. 
duties  for  their  passage  in  the  open  Streames,  contrary  to  all  right  as 
well  as  to  our  Treaties  with  the  Crowne  of  Portugall,  His  Majestie 
hath    written    at    large  upon  that  Subject  to  dis  highnes  the  Prince 
Regent,  which  Letter  is  herewith  sent  unto  you  together  with  a  Copy 
of  the  same,  for  your  better  information  in  the  case.    It  is  his  Majestie's 
pleasure.  That  having  received  his  said  Letter  you  forthwith  demand 
an  audience  of  his  said  Highnes  to    whome  you  are  to  deliver  his 
Majesties  Letter,  and  then,  and  from  time  to  time  afterwards     by 
Memorialls  and  all  other  diligences  earnestly  to  solicite  the  Effects 
thereof  as  a  matter  which  his  Majestie  takes  very  much  to  heart  ;  give- 
ing  an  accompt  of  your  success  therein,  and  of  the  Orders  sent  or  to 
be  sent  to  the  Vice  King  of  Goa,  and  the  Governor  of  Bassaim  if  you 
can  obtaine  any,  which  is  all  at  present,  from 

Sir 
Your  most  faithfuU  humble  Servante, 

H.    Co  VENTRE  Y. 

For  Fran:  Parry  Esq.,  Envoy  from 
his  Majestie  of  great  Brittain  to 
his  highnes  the  Prince  Regent  of 
Portugall. 

[Endorsed.] 

1st  December  1677. 
Mr.  Secretary  Coventryes  Letter, 
to    his    Majesties   Envoy   about 
Bombaim    and    the   Complaints 
of  the  Portuguese  there. 

A  Court  of  Committees  holden  7th  December  1677.  q^^^^   g^oj^ 

Afternoon.  xxx. 

page   203. 
A  letter  was  now  read  prepared  to  be  sent  to  Francis  Parry  Esq. 

Envoy  from  his  Maty,  to  the  Prince  Regent  of  Portugall,  which  was 

approved  and  the  Governor  desired  to  sign  the  same. 

The  foUowing  documents  deal  with  the  claims  of  Don  Alvaro 
Pirez.  They  throw  further  hght  on  the  Company's  administra- 
tion of  Bombay,  and  its  pohcy  towards  the  Portuguese.      The 

M 


550  JOURNAL  OF  INDIAN  HISTORY. 

quarrel  dragged  on  for  years,  and  Pirez's  incorrigible  loquacity 
involved  the  harassed  Directors  in  tedious  negotiations.  The 
volume  of  data  on  this  subject  is  very  large,  and  I  have  not 
deemed  it  necessary  to  reproduce  all  the  documents  here.  They 
are  of  interest  only  in  so  far  as  they  throw  light  on  the  adminis- 
tration of  Bombay. 

Court     Book  A  CoURT  OF  COMMITTEES  HOLDEN  4tH   TULY  1677. 

XXX.  ^ 

■  Upon  reading  a  letter  from    the    Secretary   attending   the    Rt. 

honble.  the  Lords  Committees  for  trade  and  plantations,  wherein  was 
enclosed  the  copy  of  a  Memorial  presented  to  his  Maty,  by  the  Portugal 
Ambassador  touching  the  Island  Mahim  claimed  by  the  Prince  of 
Portugal,  and  also  concerning  the  complaint  of  Don  Alvaro  Pirez,  To 
which  their  Lopps.  expected  the  Compa.  answer  on  the  5th  instant  : 
On  consideration  thereof  had,  the  Court  finding  the  said  Memorial 
to  agree  verbatim  with  that  which  was  transmitted  from  their  Lops, 
in  Febry.  last  ;  It  is  ordered,  that  the  Committees  for  Suratt,  as  also 
the  rest  of  the  Members  of  this  Court  be  desired  to  attend  the  right 
honble.  the  said  Lords  Comtees.  to  morrow  morning,  and  to  present 
their  Lops,  the  copie  of  the  Compas.  representation  made  in  the 
busines  of  Bombay  in  February  last,  and  of  the  order  of  his  Maty, 
in  Councel  touching  the  busines  of  Don  Alvaro  Pires  de  Tavora. 

^°^v  v°°^  ^  Court  of  Committees  holden  13th  July  1677. 

.X.  .X.  J^  . 
Pftsc  1 4  Osi 

The  Committees  for  Suratt  reported  unto  the  Court,  that  having 

attended  at  Whitehall  the  5th  instant  to  give  answer  to  the  Memorial 
presented  to  his  Majesty  by  the  Portugal  Ambassador  now  depending 
before  the  Rt.  honble.  the  Lords  Comtees.  for  trade  and  planta- 
tions, there  was  nothing  done,  in  regard  the  Lords  Comtees.  mett 
not,  onely  the  Lord  Privy  Scale  and  the  Lord  Falconberge  being  present, 
the  Lord  Privy  Seal  reed,  from  the  Secry.  a  copie  of  the  Compa. 
representation  made  in  February  last  touching  the  busines  of  Bombay 
and  its  dependencies,  and  was  minded  of  what  his  Maty,  in  Councel 
had  done  in  the  busines  of  Don  Alvaro  Pires.  That  his  Lop.  desired 
the  Compa.  would  give  their  Secry.  copies  of  the  Charters  granted  to 
them  by  his  Maty,  and  also  that  what  occurrences  came  from  India 
of  publick  concern  (wch.  usually  are  sent  to  the  Secry.  of  State) 
might  also  be  given  to  the  Secry.  attending  the  Lords  Committees. 
On  consideration  whereof  had,  the  Court  directed  that  the  same  should 
be  done  accordingly. 

Court    Book  A  CoURT  OF  COMMITTEES  HOLDEN   IOtH  AUGUST  1677. 

XXX. 
page  149a.  Mj-  Parry  his  Mats.  Envoy  extraordry.  for  Portugal  acquainting 

the  Court  That  Don  Alvaro  Pires  de  Tavora  being  now  sensible  of  the 
error  of  his  proceedings  is  desirous  to  make  his  submission  to  the 
Compa.,  and  to  pray  their  favour  in  restoring  him  to  his  estate  on  the 
Island  of  Bombay  ;  Answer  was  returned,  that  the  Court  would  consider 
of  his  motion  and  acquaint  him  with  the  resolution  they  should  take 
therein. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  551 

A  Court  of  Committees  holden  15th  August  1677.  Court    Book 

On  consideration  had  of  Mr.  Parry's  motion  made  the  last  Court  page  150. 
on  behalf  of  Alvaro  Pirez,  Resolved,  that  answer  be  given  him,  That 
when  the  Court  doe  see  in  what  manner  the  said  Alvaro  Pirez  will 
make  his  acknowledgment  and  submission,  they  will  take  the  same 
into  further  consideration :  And  Mr  Boone  is  desired  to  communicate 
this  resolution  of  the  Court  to  Mr  Parry. 

A  Court  of  Committees  holden  7th  September  1677. 

Upon  the  motion  of  Mr  Parry  that  Signor  Alvaro    Pirez  might  Court    Book 
have  leave  to  omit  some  words  out  of  the  addresse  that  he  is  to  make     XXX, 
to  the  Compa.,  It  is  ordered  that  it  be  referred  to  the  Comtees.  for   page  1 56a. 
Surrat  to  peruse  the  advices  and  consultation  books  reed,  from  the 
President  and  Councell  touching  the  absenting  of  himself e  from  the 
Island  of  Bombay  when  the  Dutch  Fleet  were  in  the  road  and  report 
the  same  unto  the  Court. 

A  Court  of  Committees  holden  17th  October  1677. 

This  day  Alvaro  Perez  de  Tavora  late  an  Inhabitant  of  the  Island 
Bombay  presented  his  humble  petition  unto  the  Court  both  in  the  Court  Book, 
English  and  Portugall  language,  with  [his]  name  thereto  subscribed  XXX, 
acknowledging  the  Justice  of  the  proceedings  of  the  Govr.  and  P*  ^^^-l^Sa, 
CounceU  of  Bombay  agt.  him  for  withdrawing  himself  from  the 
Island  contrarie  to  his  dutie  without  leave  from  the  Govr.  and  his 
refusall  to  obey  the  proclamation  made  and  published  for  his  returne, 
and  alsoe  his  misdoeings  in  wrongfully  complaining  .agt.  the  said 
Govr.  and  Councell,  and  in  seeking  redresse  where  he  ought  not, 
And  humbly  begging  pardon  of  this  Compa.  for  his  said  misdemeanors, 
and  submitting  himself e  unto  the  Court,  beseeching  to  be  restored  to 
their  favour,  and  to  the  Estate  wch.  he  (Then)  possessed  on  the  said 
Island  ;  Promising  that  at  his  arrivall  at  Bombay  he  will  make  the 
like  acknowledgment  with  this  to  the  Govr.  and  for  the  future  be 
obedient  unto  this  Compa.  and  the  Govrs.  which  shall  be  by  their 
authoritie  established  in  that  Island  ;  On  consideration  thereof  had, 
the  Court  being  willing  to  make  it  manifest,  that  the  proceedings  of  the 
Govr,  and  Councell  at  Bombay,  have  not  been  for  any  advantage 
that  might  arise  to  them  by  seizing  his  Estate,  or  for  any  other  sinister 
respect  but  for  maintaining  the  honor  and  upholding  their  Govern- 
ment on  the  said  Island,  doe  order  that  a  Letter  be  written  by  our  next 
Shipping  to  the  Governor  and  Councell  at  Bombay  directing  that  upon 
the  said  Alvaro  Pirez  de  Tavora  his  appearing  before  them  and  mak- 
ing the  same  acknowledgemt  There  as  he  hath  afore  Us  here,  they 
forthwith  issue  out  a  pardon  to  him  under  Our  Scale  of  Bombay  of  all 
his  said  Delinquencies,  and  thereby  to  restore  him  to  the  possession 
of  all  such  lands  and  Estates  as  did  then  rightfully  belong  to  him,  and 
were  sequestred  into  the  hands  of  his  Mother. 

At  the  Court  at  Whitehall  17th  of  January  1677-6.  Public     Re- 

Upon  Reading  this  day  a  paper  presented  to  the  Boord  signed  cord    Office, 
by  Alvaro  Pires  de  Tavoras  by  way  of  reply  to  the  Answer  of  ^    P'     V^ 
the  East  India  Company  to  his  petition,*  complaining  of  the  foiio  201. 
hard  usage  he  had  received  from  the  said  Company  at  Bombay.  *  [   see    fol. 
It  was  Ordered  by  His  Majesty  in  Councill.     That  this  Paper  209.] 


552  JOURNAL  OF  INDIAN  HISTORY. 

(together  with  all  others  relating  to  this  business)  bee  referred 
to  the  Right  Honble.  the  Lords  of  the  Committee  of  Trade  who 
are  to  consider  thereof,  and  Report  the  true  State  of  the  whole 
matter,  With  their  opinion  thereupon  to  His  Majestic  in 
Councell. 

To  THE  Kings  most  Excellent  Majestie 

Alvaro  Pires  de  Tavora  Gentleman  of  the  house  of  the  most  Serene 
Prince  of  Portugall  and  Subject  of  Your  Majestie  in  Your  Island  of 
Bombain,  humbly  presents  That  hee  and  his  Predecessor  alwayes 
possessed  in  the  Islands  of  Bombain  and  Mahim  severall  lands  and 
Estates  very  considerable,  which  in  recompence  of  their  Service  they 
received  from  the  Grandeur  of  the  most  Serene  Kings  of  Portugall. 

And  amongst  others  the  Villages  of  Mazagan  and  Vazella  with 
their  Appurtenences  and  Orchard  of  Palm  trees,  all  which  amounted 
to  a  very  important  Revenue,  of  which  he  had  the  pacificall  Possession 
when  the  Islands  was  delivered  to  your  Majesties  Commissaries. 

And  whereas  by  vertue  of  the  agreement  concerning  the 
Surrender  of  the  said  Island  and  conformable  to  the  11th  Article 
thereof.  Your  Majesty  obliged  Your  selfe  to  the  preservation  of  the 
Portugezes  who  would  remain  in  the  saide  Island  in  the  possession  of 
their  Estates  in  the  same  manner  as  they  had  before  enjoyed  them 
under  the  Government  of  the  Crown  of  Portugall.  A  little  after  the 
Surrender  Your  Petitioner  was  deprived  of  his  forementioned  Estate  by 
the  English  Officers  (which  bore  command)  against  reason  and  Justice, 
and  he  having  recourse  to  the  Honble.  Company  of  East  India 
Merchants  they  issued  out  an  Order  by  their  Commissaries  for  the 
restoring  his  Estate  and  goods  with  Justice  and  Equity. 

But  the  Governor  Gerardo  Aungier  executed  this  Order  so  ill, 
as  he  would  restore  no  more  then  a  small  part  of  the  said  Estate 
and  Goods,  dividing  them  as  he  pleased,  and  seperating  from  them  the 
most  considerable  Rents  against  reason  and  Justice.  And  because 
your  Petitioner  is  a  poor  Gentleman,  destitute  of  all  fortune,  with  the 
charge  of  a  Widdow  Mother  and  Maiden  Sisters,  without  any  releify 
he  accepted  the  said  restitution  as  he  pleased  to  make  it,  protesting 
notwithstanding  against,  and  reserving  the  Right  of  his  pretence  to 
the  remainder  denyed  him,  as  is  manifest  by  his  protest. 

And  besides  this  Violence  the  Governor  committed  a  greater 
against  him,  making  him  consent  and  sign  to  a  new  Tribute  which  he 
[  sic  ]  put  upon  the  people,  taken*  from  them  more  then  a  4th  part  of  their 
incomes  which  were  restored  them,  whereas  he  should  have  took  no 
more  then  that  certain  Tribute  they  and  their  Ancestors  before  paid 
to  the  Factors  of  the  most  Serene  King  of  Portugall,  against 
which  unjust  dealing  he  made  a  protest  before  the  Ministers  of  the 
Councell.  And  last  of  all  not  content  with  all  these  oppressions 
making  use  of  this  pretext  that  Your  Petitioner,  against  the  Orders 
of  the  said  Governor,  absented  himself  from  the  said  Island  at  the 
time  when  the  Hollanders  were  there  expected,  the  Governor  absolutly 
deprived  him  of  all  his  Estates,  prohibiting  his  return  from  thence- 
forward to  his  own  house.  Whereas  this  pretext  was  so  much  against 
truth,  that  the  said  Petitioner  was  not  absent  from  the  Island  more 


ANGLO-PORTUGUESE  NEGOTIATIONS.  55?, 

1;hen  3  hours  to  carry  over  his  goods  to  a  Neighboring  Island,  as  did 

also  all  the  English  Inhabitants  and  Officers  of  the  Councill  which 

were  then  resident  in  Bombaim.     Moreover  Your  Petitioner  had  leave 

from  the  Governor  to  do  what  he  did,  and  being  farr  from  absenting 

himself  for  fear  of  the  Hollanders,  returning  presently  to  the  said 

Island,  he  did  all  he  could  to  be  admitted  by  the  Governor  again,  not 

only  offering  himself  to  the  said  Governor's  commands  by  a  letter, 

but  also  making  use  of  the  intercession  of  Mr.  Barron,  Director  of  the 

French  Fleet,  which  then  hapned  to  ride  in  that  Port,  that  the  Governor 

would  permit  him  to  live  there  as  before  ;  who  notwithstanding  would 

[njeither   admit  him,  nor  this  Intercession  for  him,    nor  the  letter  he 

sent,  nor  the  purgation  of  the  false  Crime  laid  to  his  charge.     Whence 

clearly  may  be   gathered   the   malice   and    passion  with   which    the 

Governor  hath  proceeded  in  all  these  affairs,  and  that  his  intent  was 

only  to  expulse  Your  Petitioner  from  the  said  Island,  in  order  to  more 

secure  enjoyment  of  his  fortunes  to  himselfe,  which  in  reality  he  doth 

enjoy  for  Your  Petitioner  being  destitute  of  all  humane  remedy  and 

outed  of  his  proper  habitation,  and  all  his  goods,  it  was  proper  for  him 

to  repair  to  the  City  of  Goa,  to  seek  there  some  remedy,  not  being  able 

to  compass  it  either  by  his  own  industry,  or  by  the  intercession  of  the 

Vice  Roy  of  India  ;  departing*  at  length  to  find  Justice  and  Benignity  •  i-sic  ?    des- 

of  Your  Majesty  he  resolved  at  length  to  come  over  to  this  Kingdome.   pairing.] 

Where  prostrate  at  the  feet  of  Your  Majesty  he  humbly  implores 
(that  what  is  already  asserted,  being  made  manifest  to  be  true)  by 
authenticall  Papers  which  he  hath,  and  will  present.  Your  Majestic 
will  be  pleased  by  express  Order  to  the  Governor  of  Bombain  to 
Command  restitution  of  the  lands.  Goods  and  fortune,  Jurisdictions 
and  places  as  belonged  to  Your  Petilioner  as  he  enjoyed  them,  and  his 
Predecessors,  before  the  Surrender  of  Bombain,  in  the  form  and  manner 
of  the  11th  Article  of  the  Treaty,  to  which  Your  Majesty  obliged  Your 
selfe.  And  that  Your  Petitioner  may  be  paid  the  profits,  and  incomes 
of  all  as  is  owing  him  from  the  time  of  the  unjust  seizure  of  his  Estate, 
That  by  this  example  of  Your  Majesties  piety  and  Justice  not  only 
Your  Petitioner  may  continue  his  Zeale  to  serve  Your  Majesty  but  all 
the  other  Portugueze  Your  Majesties  Subjects  in  those  parts  may  be 
animated  in  their  Loyalty  and  faithfullness  to  their  Protector  and 
Defender. 

And  Your  Petitioner  as  in  duty  bound  shall  ever  pray. 

The  Answer  of  the  Governor  and  Company  of  Merchants  of  Public     Re. 

London  trading  to  the  East  Indies  to  the  Petition  of  Alvaro  cord    Office, 

Pires  de  Tavora.  ^:    P'    ^' 

Vol.       IL, 

May  it  please  Your  Honor,  *°^^°  2^^- 

The  said  Governor  and  Company  upon  perusal  of  the  said 
petition  presented  to  His  Majestic  by  the  said  Alvaro  Peres  have 
endeavoured  to  inform  themselves  out  of  their  advises  and  dispatches 
from  India  of  the  truth  of  all  matters  relating  to  the  Petitioner  and  his 
concerns  ;    And  do  finde — 

That  upon  the  Delivery  of  the  Island  Bombay  to  the  Company, 
there  were  some  disputes  (and  those  grown  to  some  heats  and  great 
dissatisfaction)  between  the  Governor  of  the  said  Island,  His  Majesty 


554  JOURNAL  OF  INDIAN  HISTORY. 

had  before  placed  there,  And  divers  of  the  Inhabitants,  especially  the 
Portugall  Inhabitants  thereof,  touching  their  Title  to  severall  lands 
claimed  by  them.  The  Portugall  Inhabitants,  under  Colour  of  the 
11th  Article  in  the  petition  mentioned,  seting  up  severall  titles  to 
several  lands  and  Estates,  which  His  Majesties  Governor  did  suppose 
(and  we  beleive  had  reason  to  suppose)  they  had  no  Right  unto,  at  the 
time  the  said  Island  was  surrendred  unto  his  Majesty. 

That  matters  standing  thus  when  His  Majesty  was  pleased  to  make 
over  the  Island  unto  the  Company,  their  President  of  Surrat  and 
Governor  of  that  Island  Gerald  Aungier  Esqr.  And  Council  (who  were 
directed  by  the  Company  not  only  inviolably  to  keep  the  said  11th 
Article,  and  to  do  the  Inhabitants  all  Justice  in  reference  to  their  Rights 
and  Possessions,  but  also  by  all  reasonable  kindnesses  to  sweeten  the 
Government  to  them)  Did,  in  the  first  place,  make  it  their  business  to 
settle  that  matter  touching  their  claims  to  any  lands,  and  to  quiet 
them  in  the  possession  of  what  was  their  just  Right,  and  for  that  pur- 
pose had  severall  meetings  with  the  cheif  of  the  Portugal  Inhabitants 
(chosen  by  the  rest  for  their  Representatives)  amongst  whom  the 
Petitioner  was  one. 

And  at  a  meeting  in  November  1672  a  full  agreement  was  made 
touching  all  matters,  and  concluded  between  them,  A  Copy  whereof 
We  present  Your  Honor  herewith. 

That  this  settlement  being  made  at  their  own  request,  was  so  fair 
and  so  well  resented,  that  it  gave  a  general  content  and  satisfaction  to 
the  Inhabitants,  And  the  petitioner  himself  was  so  well  pleased  with 
it,  that  he  made  his  request  to  Our  said  Governor  to  have  a  command 
in  the  Militia  of  the  Island,  And  the  Governor  presuming  that  he  had 
put  such  an  obligation  on  all  the  Portugal  Inhabitants,  that  now  they 
could  not  but  be  faithfull  and  true  to  the  Goverment,  and  joyn  heartily 
upon  all  occasions  in  the  defence  of  the  Island,  Gave  him  a  Commission 
to  be  a  Commander  in  the  Militia  of  Masagoan.  But  in  March  167f 
(there  being  then  Warr  betwixt  his  Majesty  and  the  Dutch)  the  Dutch 
coming  with  a  great  fleet  before  the  Island,  and  it  being  hourly  expected 
that  they  would  make  some  attempt  upon  it.  And  the  said  Governor 
having  thereupon  put  the  Island  in  the  best  posture  of  defence  he 
could,  and  raised  all  the  forces  thereof,  the  petitioner  among  the  rest 
being  then  in  Arms,  as  Commander  of  the  Militia  of  Masagoan  (not- 
withstanding the  former  kindness  shewed,  and  Trust  now  reposed  in 
him)  did  on  a  sudden,  either  cowardly  or  treacherously  desert  his 
Command,  and  abandon  the  Island,  and  that  by  his  example  above  tenn 
thousand  of  the  Portugall,  and  other  Inhabitants  likewise  deserted  the 
Island  in  that  time  of  iminent  danger,  whereby  the  Island  and  the  lives 
and  fortunes  of  all  the  English  therein  were  manifestly  exposed  to 
hazard.  And  how  great  a  crime  it  is  for  a  Commander  in  a  Garrison 
(as  the  Island  Bombay  alwayes  is)  in  a  time  of  Warr,  in  the  very  face 
of  the  enemy,  and  when  the  Island  was  in  such  iminent  danger  to  desert 
his  Command  and  trust,  and  by  his  pernicious  example  to  draw  off 
such  a  number  of  Inhabitants  from  so  small  an  Island,  Wee  leave  Your 
Honor  to  Judge. 

That  the  Governor  upon  this  unworthy  desertion  of  the  said  Alvaro 
de   Peres   issued  out  Proclamations  commanding  all  the  Inhabitants 


ANGLO-PORTUGUESE  NEGOTIATIONS.  555 

who  had  deserted  the  Island,  to  return  to  their  habitations  there  within 
24  hours  upon  pain  of  confiscation  of  their  Estates,  and  because  it  was 
a  time  to  act  with  resolution,  he  caused  the  doores  of  all  their  houses  to 
be  sealed  up.  Upon  which  Proclamation,  all  the  Inhabitants  (except 
the  Petitioner)  better  bethinking  themselves,  returned  to  their  habi- 
tations within  the  time  of  the  Proclamations,  and  stood  by  the  Governor 
in  the  defence  of  the  I  sland. 

But  the  Petitioner  being  conscious  of  his  unworthy  carriage  in  that 
business,  did  not  return,  whereupon  a  Summons  was  issued  out  for 
him  to  return  in  40  days  :  but  he  never  appeared  there  since,  but 
instead  thereof  he  gave  the  Governor  great  trouble  by  clamorous 
complaints  against  him  to  the  French  Admirall,  the  Dutch  Admirall, 
the  Portugal  Admirall,  the  Portugal  Vice  Roy  at  Goa,  and  other  great 
persons  in  India  (and  upon  such  untrue  Suggestions  as  are  in  the  petition) 
obtaining  their  Letters  by  way  of  intercession,  and  sometimes  of 
expostulation  on  his  behalf,  Unto  all  which  full  answers  were  given. 

Notwithstanding  all  which  the  Governor  did  not  nor  hath  deprived 
the  Petitioner  of  his  Estate  (as  the  petition  suggests)  but  hath  put  his 
own  Mother  in  the  possession  thereof,  and  stiU  permits  her  to  enjoy 
the  profits  thereof,  for  the  maintenance  of  herself,  and  of  her  and  his 
family,  who  thert  live  on  it  to  this  day,  Nor  haththe  Governor  prohibited 
the  Petitioner  to  return  to  his  house,  but  on  the  contrary  hath 
constantly  required  his  return  to  the  Island,  and  to  stand  a  fair  and 
legal  tryal  for  what  should  be  layd  to  his  charge,  (as  good  Subjects  under 
every  Goverment  ought  to  doe),  and  he  should  be  justly  dealt  with, 
the  failing  wherein  having  been  the  cause  of  proceedings  against  him. 

This  being  the  true  matter  of  Fact,  as  appears  by  Our  advises 
from  India,  we  humbly  conceive,  that  it  would  be  destructive  to  the 
Government  of  the  Island,  and  consequently  in  a  short  time  to  the 
loss  of  the  Island  it  self,  if  his  Majesty  should  so  interpose  as  to  prevent 
proceedings  against  a  person  who  hath  been  so  eminently  failing  in 
the  discharge  of  his  duty,  especially  when  he  hath  been  already  so 
tenderly  dealt  with,  and  where,  upon  a  triall  the  truth  may  be 
ascertained  upon  the  Oath  of  12  men  or  more,  half  English  and  half 
Portugeze,  according  to  the  laws  of  this  Kingdome,  and  where  the 
Judges  do  endeavour  to  act  with  all  fairness,  and  encouragment  to 
the  Inhabitants,  so  as  may  consist  but  with  the  safety  and  welfair  of 
the  Island. 

Award's  answer  to  the  above  was  as  follows  : 

By  the  Answer  that  the  Honorable  Company  of  the  West  Indies  ^"  j^'^^qJ^®' 
made  to  Alvaro  Pires  de  Tavoras  Petition.  (1)  his  Right  and  property  ^^  q  jj' 
in  the  dependancies  of  the  lands  that  he  claimeth  are  put  in  Question,  v  o  1  •      II! 

(2)  it  is  alleadged  that  he  was  contented  with  the  small  part  of  them  folio  209. 
that  was  left  him  by  the  Generall  Agreement  made  in  November  1672.        T  sic] 

(3)  They  lay  upon  him  a  Crime  of  Desertion,  pretending  thereby  to 
confiscate  all  his  Estate. 

Upon  the  first  point  the  Petitioner  presents  two  Patents  in  the 
most  Authenticall  form,  whereby  the  Kings  ot  Portugall  granted  to  his 
Ancestors  120  years  ago,  the  Lands  dependancies  and  Revenues  in 
Question,  with  the  same  Right  and  in  the  same  manner  as  they  were 


556  JOURNAL  OF  INDIAN  HISTORY. 

possessed  by  the  said  Kings  themselves,  and  belonged  to  them,  and 
this  with  such  distinction  and  clearness,  that  yet  the  least  reservation 
are  therein  expressed,  which  Revenues  and  dependancies  his  Ancestors 
possessed  and  enjoyed  without  any  trouble  and  Molestation,  by  the  said 
King's  Ministers,  as  he  proveth  by  the  Deposition  of  twenty  Witnesses 
that  he  brings.  And  moreover  by  two  sentences  whereby  (his  said 
Right  being  put  in  Question)  it  was  judged  in  the  Court  at  Lisbon  that 
the  said  Revenues  and  dependancies  belonged  to  them,  and  so  they 
remained  in  peaceable  possession  of  them  till  such  time  as  the  Island 
was  delivered  to  His  Majesties  Commissioners.  And  all  that  was  so 
evident  that  thereupon  Sir  Humphry  Cook,  first  Governor  for  His 
Majesty  of  Bombaim,  gave  an  Order  under  his  hand  in  September 
1665  whereby  he  bids  all  the  money  of  the  Coles  Fishers  to  be  delivered 
to  the  Petitioner's  Father,  and  to  be  the  said  Fishers  Obedients  to  him 
as  to  their  Lord,  and  to  pay  all  what  was  used  to  be  paid  to  his  prede 
cessors  in  the  former  times.  And  though  the  Honble.  Company 
upon  consideration  of  them  Reasons,  was  pleased  to  send  Orders  for 
the  Petitioners  Restitution  (which  were  not  executed)  Nevertheless, 
the  Petitioner  humbly  prayes  that  all  the  papers  above  mentioned  may 
be  viewed  and  examined. 

As  for  the  2nd  that  the  Petitioner  was  very  well  contented  with 
what  was  left  him  by  the  agreement  of  November  1672,  what  could  in 
that  occasion  a  poor  oppressed  Gentleman  doe,  or  what  reason  could 
he  find  at  so  many  thousand  leagues  off  distance  from  His  Majesty 
and  His  Honble  Privy.  Councill,  against  the  absolute  power  of  a 
Governor  who  was  able  (had  the  Petitioner  refused  that  consent)  to 
deprive  him  of  all  the  rest  of  his  Estate,  having  nothing  in  the  World 
but  that  to  live  upon.  But  to  make  Remonstrances  and  petitions  to 
serve  in  manner  of  Protestations  before  the  Ministers  of  the  Councill 
there  ?  By  which  Petition  (that  he  presents)  it  appears  clearly  that  the 
Petitioner  was  forced  to  do  soe  to  save  something  of  his  Estate,  keeping 
for  another  time  the  prosecution  of  his  Right. 

And  for  what  is  alleadged  that  the  Petitioner  desired  to  have  the 
Command  of  the  Militia  of  Mazagaon  it  is  to  be  considered  that  this 
Militia  consisted  only  of  the  Petitioners  Fishers,  Tennants,  Servants, 
and  labouring-men,  living  in  his  lands  and  Villages,  and  so  it  was  not 
much  that  he  was  made  their  Commander.  But  in  the  truth,  when 
the  Petitioner  desired  that,  it  was  only  out  of  the  Zeal  of  a  good  and 
loyall  Subject  to  his  Majesty,  because  upon  the  news  of  coming  of  the 
Dutch  fleet  the  Governor,  applying  with  all  possible  care  the  Inhabitants 
to  work  at  the  Fortifications  of  the  Island,  and  sending  severall  Orders 
to  the  Petitioner  to  have  his  fishers  and  labourers  (who  are  the  only 
Inhabitants  of  the  Petitioners  Lands)  to  work  there  as  the  others, 
the  Petitioner  was  obliged  (because  severall  of  His  men  were  out  of  the 
way)  to  desire  to  be  more  authorized  by  that  Quality,  and  keep  them  so 
much  better  in  obedience,  in  respect  to  the  work.  All  them  reasons  and 
proofs  the  Petitioner  humbly  prayeth.  That  his  Majesty  would  be 
pleased  to  cause  to  be  examined  with  all  exactness. 

But  for  the  3rd  point,  wherein  they  wrong  the  Petitioner  in  his 
Honor  and  Reputation,  which  are  far  dearer  to  him  then  either  life  or 
Es+ate,  he  imploreth  His  Majesties  Justice  with  all  possible  instance. 


ANGLO-PORTUGUESE  NEGOTIATIONS,  557 

And  beseecheth  that  His  Majestic  would  consider  that  upon  the  News 
of  the  coming  of  the  Dutch  fleet,  severall  English  men  went  out  of  the 
Island  with  their  Goods,  amongst  which  some  of  the  Councill,  as 
Mr.  Jacob  Adams,  and  Mr,  John  Chell.  And  whereas  there  was  a 
Proclamation  made  that  no  person  should  go  out  of  the  Island,  And 
the  Petitioner  desiring  to  secure  his  Goods  as  others  did,  the  Governor 
gave  him  under  his  hand  a  Licence  to  go  out  of  the  Island  with  them 
(notwithstanding  the  Proclamation)  without  any  limitation  of  time, 
which  Licence  dated  the  first  of  March,  the  Petitioner  presents. 

The  same  day  in  the  Evening  the  Petitioner  came  again,  having 
been  out  three  hours  in  all,  and  hearing  of  the  great  passion  that  the 
Governor  was  incensed  with  against  him,  for  having  carried  his  goods, 
whereby  his  Estate  should  be  forfeited  and  his  person  arrested,  he  went 
from  his  house  to  avoid  the  effects  of  his  threatnings,  with  design 
neverth'less  to  make  his  innocency  and  Submission  known,  as  he  did 
by  the  letter  that  he  writ  him  immediately,  praying  that  hee  would 
secure  him  of  his  anger,  and  suffer  him  to  come  to  the  Fort.  To  which 
letter  the  Governor  would  neither  answer  nor  receive  it,  as  it  is  seen  by 
the  answer  of  Luis  Cazado  de  Lima  Adjudant  de  Procurador  General 
of  the  Honble.  Company. 

Seing  then  the  Petitioner  that  by  that  way  he  could  not  be  neither 
heard  nor  admitted,  he  went  immediatly,  the  second  of  March,  to  Mr. 
Baron,  Director  of  the  French  fleet,  who  in  that  occasion  was  in  the 
Port,  desiring  his  intercession  for  the  same  intent,  as  it  appeareth  by 
his  Certificate.  He  went  presently  after  to  the  Captain  of  Bacaim, 
whose  Certificate  he  brings  too,  and  seing  all  that  would  do  nothing,  and 
knowing  not  how  to  move  the  Governor's  Clemency  he  went  to  the  Vice 
Roy  of  Goa,  and  coming  with  a  Letter  from  him  for  the  same  effect, 
he  found  a  Placart  on  his  house  doors  in  Mazagaon,  whereby  he  was 
cited  to  appeare  and  answer  upon  the  accusation  brought  against  him. 
But  daring  not  appear  in  person  he  sent  his  Brother  with  a  Petition 
to  the  Councill,  because  he  knew  that  the  Government  had  sent  a 
Company  of  Musquettears  to  take  him  at  Mazagaon  which  Petition  was 
rejected  as  false  and  scandelous.  Of  all  that  the  Petitioner  brings 
authenticall  Certificats,  and  proofs,  which  he  humbly  desires  to  be  seen. 

After  aU,  That  the  Petitioner  finding  no  way  to  be  admitted,  and  the 
Governor  giving  no  Answer  to  all  his  instances,  and  so  considerable 
intercessions,  but  threatnings,  he  made  his  protestation,  that  he  was 
ready  to  put  himself  in  the  Fort,  desiring  the  Governor  to  secure  the 
liberty  of  his  person,  and  to*  restitue  him  in  his  credit,  reputation  and 
Estate.  And  when  he  could  do  no  more  there,  away  he  went,  and 
came  to  this  Court  to  implore  His  Majesties  Justice,  and  give  him  a 
true  account  of  all  his  proceedings. 

Wherein  it  is  to  Remarke  that  the  Petitioner  in  that  short  time  that 
there  was  fear  of  an  attempt  of  the  Dutch,  he  pressed  and  solicited,  not 
only  with  great  instance,  but  with  all  the  diligence  imaginable,  not 
loosing  a  moment  of  time,  to  be  suffered  to  doe  his  duty  in  the  Fort, 
whilst  he  was  so  highly  threatned  by  the  Governor. 

And  if  the  Governor  saith  that  he  hath  not  taken  the  Petitioners 
Estate,  but  left  his  Mother  in  possession  of  it,  it  is  to  be   considered 


558  JOURNAL  OF  INDIAN  HISTORY. 

that  his  Mother  does  not  administrate  it  but  by  way  of  depost,  and  yet 
an  unconsiderable  part  of  it,  and  she  liveth  upon  some  others  that  she 
hath  ;  which  do  not  depend  of  Mazagaon  in. any  manner. 

All  that  considered  His  Majesty  will  be  graciously  pleased,  to 
protect  the  Petitioner  and  not  to  suffer  him  by  that  unjust  vexation, 
and  upon  a  false  accusation,  to  be  deprived  of  his  Estate,  which 
(according  to  the  1 1th  Article  of  the  Treaty)  he  must  enjoy  plainly,  and 
with  the  same  advantages  that  His  Fathers  and  Predecessors  had  under 
the  dominion  of  Portugall. 

Just  now  the  Petitioner  received  Letters  from  the  East  Indies 
dated  at  Bacaim  5th  of  December  1675  from  Joane  Mendes  de  Menezes 
S5r  de  Band^  Vistal  his  Brother  in-Law  and  his  Attorney,  which  advise 
him  that  the  Petitioner's  Estate  hath  been  taken  from  his  Mothers 
hands,  whereupon  the  said  Joan  Mendes  made  a  Protestation  which  the 
Petitioner  humbly  prays  to  be  considered.  And  that  His  Majesty 
would  be  pleased  to  appoint  some  of  his  Honble  Privy.  Councill  to 
examine  all  the  proofs  that  the  Petitioner  doth  produce. 

Alvaro  Pires  de  Tavera. 

These  lengthy  replies,  and  tedious  rejoinders  ended,  at 
last,  in  a  compromise,  and  the  following  Despatch  of  the  Direc- 
tors announces  the  settlement  of  this  quarrel.  Pirez  received,  a 
pardon  and,  what  was  of  much  more  importance  to  him,  his 
estate.  The  references  to  the  jurisdiction  of  the  "  Court  of 
Judicature  "   at  Bombay  are  important. 

•  [sic]      Our  Governor  and  Councill  at  Bombay, 

Public      Re- 
cord   Office,  After  our  hearty  commendations  unto  you,  this  letter  serves  to 
C.     O.     77,  informe  you  particularly  in  the  matter  of  Alvaro  Pires  de  Tavora  how 
foUo   ^^^'  ^^^  ^^^^  proceeded  with  his  complaints,  how  hee  hath  since  made 
(Letter  to  the  Ws  submission,  and  lastly  the  favour  wee  have  extended  towards  him. 
Go  V  e r  n  or  Hee  did  sometime  in  Autumne  1676  present  a  Petition  to  His  Majestic 
and    Council  complaining  of  many  hardships  received  from  you  in  Bombaim,  as  the 
^taurati  o°n  sequestration  of  his  Estate  etc.,  a  Copy  of  which  Petition  was  sent  unto 
of    A.  P.  de  Us  with  Order  to  returne  Our  Answer,  as  wee  did  thereunto,  and  of  Our 
Ta  V  o r  a  ♦  s  Answer  a  Copy  was  given  to  the  said  Pirez  to  which  hee  made  a  reply 
Estate.)         with  much  repitition  of   what  hee  had  said  before,  and   this   being 
presented  to  His  Majestie  in  Councill  on  the  17th  January  last,  the 
whole  matter  was  refered  to  the  examination  of  a  Committee  of  the 
Lords  of  the  Boord  appointed  for  the  business  of  Trade  and  Plantations. 

Wee  had  from  their  Lordships  a  Summons  on  the  3rd  of  June  last, 
and  all  parties  were  by  their  Councill  to  be  heard,  which  accordingly 
happned  on  the  12th  June  last,  and  the  result  was.  That  their  Lordships 
thought  it  just  and  did  accordingly  Report  to  His  Majesties  Councill, 
That  the  Courts  of  Judicature  constituted  by  His  Majesties  Royall 
Charter  in  Bombaim  were  proper  for  the  decision  of  such  like  cases  and 
made  conformable  to  the  Laws  of  England  herein.  That  the  Petitioner 
had  never  formally  submitted  himself  unto  or  demanded  any  tryall 
of  Justice  there,  That  if  his  Majestie  should  give  any  sentence  here 


ANGLO-PORTUGUESE  NEGOTIATIONS.  559 

in  a  cause  originaly  appertaining  to  those  Courts,  others  would  take 
examples  to  decline  the  Jurisdiction  of  the  place,  which  would  be  very 
prejudiciall  to  that  Soveraignty  which  it's  fitt  His  Majestic  should 
preserve  and  support.  Wherefore  Upon  consideration  hereof  His 
Majestic  was  pleas'd  on  the  15th  June  1677  to  command  that  the 
Complaint  should  be  dismist  and  that  the  Petitioner  should  apply 
himself  to  the  Courts  of  Bombaim  for  relief. 

On  the  3rd  of  June  Wee  received  a  New  Letter  from  the  Lords  of 
the  Same  Committee,  enclosing  the  Copy  of  a  Memoriall,  which  had  for 
sometime  layn  before  His  Majestic  from  the  Embassador  extraordinary 
of  Portugall,  and  as  wee  suppose  was  given  in  together  with  the  first 
Petition  of  the  said  Pirez,  because  one  part  of  it  is  a  demand  of  Justice 
in  his  behalfe,  setting  forth  also  much  hardships  used  by  you  to  the 
Inhabitants  in  generall,  whereupon  upon  the  4th  of  September  present 
their  Lordships  with  such  a  vindication  of  your  deportment  towards  the 
Inhabitants  in  generall  and  of  the  just  motives  you  had  for  sequestring 
the  said  Pirez,  that  their  Lordships  declared  an  intire  satisfaction 
therein  and  have  ordered  that  a  Copy  of  Our  paper  be  given  to  the  said 
Ambassador  if  he  move  any  farther  in  those  points. 

But  in  the  meantime  Alvaro  Pirez  de  Tavora,  growing  sensible 
of  his  own  miscarriages,  and  seeing  the  necessity  of  abiding  a  tryall 
before  you,  he  came  and  in  most  humble  manner  confessed  his  fault 
before  Us  and  Implored  Our  favour,  presenting  and  signing  a  Petition 
in  Portugez,  as  also  another  in  English  (being  the  translation  thereof) 
in  the  words  following 

To  the  Right  Worshipfull  the  Governor  Deputy  and  Com- 
mittees of  the  Honorable  East  India  Company. 
The  humble  Petition  of  Alvaro  Pirez  de  Tavora  Subject  to 
the  King  of  Great  Brittaine  in  the  Island  of  Bombaim. 

Sheweth 

That  whereas  Your  Petitioner  did,  contrary  to  his  duty,  withdraw 
himself  from  the  Island  of  Bombaim  without  leave  from  the  Governor, 
and  did  also  refuse  to  obey  the  Proclamation  for  his  returne,  by  which 
hee  incurred  the  penalty  of  the  Law  in  the  Sequestration  of  his  Estate 
at  Bombaim,  and  whereas  hee  did  thereupon  make  severall  Addresses, 
some  to  the  French  Admirall,  some  to  the  Vice  Roy  of  Goa,  and  others 
since  by  his  Petition  to  the  Prince  of  Portugall  for  his  releif ,  although 
hee  is  convinced  that  none  of  them  either  then  had  or  now  have  any 
Jurisdiction  in  that  Island,  And  whereas  hee  did  also  make  his  complaint 
to  His  Majestic  of  Great  Britaine  touching  the  injustice  and  injury  done 
him  by  the  Governor  and  Councill  of  Bombaim,  and  was  thereupon 
heard  before  the  Lords  of  the  Committee  of  the  Councill  for  Trade  and 
Plantations.  But  on  their  Lordships  Report  to  His  Majestic  in  Councill 
was  by  His  Royall  Order  remitted  back  to  be  tryed  at  Bombaim,  Your 
Petitioner  is  at  length  made  sensible  of  all  his  misdoings,  not  only  in 
the  first  withdrawing  himself  from  the  Island  aforesaid,  but  in 
wrongfully  complaining  against  the  said  Governor  and  Councill  of 
Bombaim,  and  in  seeking  redress  where  hee  ought  not.  And  therefore 
doth  with  great  sorrow  of  mind  most  humbly  begg  pardon  from  this 
Honble.     Company  for  all  his  said  misdemeanors  submitting  himselfe 


560  JOURNAL  OF  INDIAN  HISTORY. 

intirely  unto  them,  and  beseeching  them  out  of  their  great  bounty 
and  clemency,  that  they  would  be  pleased  to  consider  his  distressed 
condition,  together  with  the  ruin  of  his  family  ;  praying  most  humbly 
for  his  own  comfort  to  be  in  the  first  place  restored  to  your  Honours' 
favours,  and  next  for  the  releife  of  them  unto  the  Estate  which  he  then 
there  possessed.  And  hee  doth  hereby  promise  that  at  his  arrivall 
at  Bombaim,  hee  will  make  the  like  acknowledgment  with  this  to  the 
Governor  there  of  his  unfortunate  miscarriages,  and  will  for  the  future 
behave  himself e  not  only  as  a  true  and  faithfull  Subject  to  His  Majestie 
of  great  Brittain,  but  submitt  himselfe  and  be  intirely  obedient  to 
this  Honble.  Company,  and  the  Governors  that  shall  by  their 
authority  be  establisht  there.  And  hee  shall  ever  own  that  he  enjoys  his 
Estate  by  the  favour  of  this  Company,  and  shall  pray  for  their  lasting 
prosperity. 

Alvaro  Pirez  de  Tavora. 
17th  October  1677. 

The  Demonstration  of  sorrow  and  submission  did  beget  in  the 
Court  a  sence  of  tenderness  and  compashion  towards  the  Gentleman, 
so  that  being  willing  (according  to  the  example  of  Our  Gracious 
Master)  to  exercise  favour  where  ever  the  matter  will  bear  it,  and  to 
give  testimony  that  wee  seek  not  the  undoing  of  any  man,  but  meerly 
the  support,  honour  and  security  of  our  Government  in  that  Island, 
Wee  did  thereupon  make  the  following  Order.  That  the  Governor 
and  Councill  at  Bombay  be  directed.  That  upon  Alvaro  Pirez  de  Tavora, 
his  appearing  before  them,  and  making  the  same  acknowledgment  there 
as  hee  hath  before  Us  here,  They  forthwith  Issue  out  a  pardon  unto 
him  under  Our  Scale  of  Bombay  of  all  his  said  delinquences,  and  there- 
by to  restore  him  to  the  possession  of  all  such  land  and  Estate  as  did 
then  rightfully  belong  unto  him,  and  were  sequestred  into  the  hands 
of  his  Mother. 

And  wee  do  hereby  Order  and  require  you  to  see  the  said  Order 
effectually  executed,  and  that  a  pardon  be  Issued  to  him  under  Our 
Seale  of  Bombay  of  all  his  said  delinquencies,  that  hee  be  restored  to 
the  Estate  you  did  then  Sequester,  and  that  those  into  whose  hands 
you  did  Sequester  the  same  may  be  Ordered  to  Accompt  and  to  pay 
to  him  the  profitts  thereof,  first  reimbursing  you  what  charges  you 
have  been  att  in  this  affair,  and  so  not  doubting  of  your  punctual! 
conformity  with  this  Order,  Wee  bid  you  heartily  farewell.  From  the 
East  India  house  in  London  this  14th  day  of  December  1677. 

Your   very  loving   friends, 

Wm.  Thompson  Governor 

and  13  of  the  Court  of  Committees. 

Parry,  the  English  Ambassador  at  Lisbon,  could  obtain  no 
satisfaction ;  the  following  mournful  despatch  narrates  a  miser- 
able account  of  diplomatic  finesse  and  royal  duplicity. 


ANGLO-PORTUGUESE  NEGOTIATIONS.  561 

LiSBONE 

April  30[  May  10  1678. 
Sir  Public      Re- 

I  did  not  think  it  necessary  or  convenient  to  trouble  you  with  a  c.  o.  77 
relation  of  my  proceedings  in  the  busines  of  Bombaim,  till  I  could  Vol.  XIV,' 
give  you  some  account  of  the  effect  of  them.  I  have  frequently  layd  folio  1- 
before  the  Prince  the  necessity  of  his  sending  orders  to  the  Governors 
of  Goa  and  Bacaim,  to  command  the  forbearance  of  all  acts  of  hostility 
or  forcible  impositions  on  his  Majesties  Subjects  of  Bombaim,  because 
of  the  inconveniences  that  must  needs  arise  from  resisting  such  force 
by  force  ;  which  those  his  Majesties  Subjects  as  well  by  the  permission 
of  his  Majestic  as  by  the  law  of  Nature,  for  their  own  defence  could 
not  forbear  to  doe  :  And  I  press' d  his  Highnes  to  send  powers  to  D 
Franco  de  Mello,  his  Ambassador  in  England,  to  settle  this  whole  affayr, 
according  to  the  true  intent  and  meaning  of  the  Articles  in  that  behalf. 
The  busines  has  been  these  3  months  before  the  Councel  of  foreign 
plantations  :  time  enough,  one  would  think,  for  it,  to  give  a  very 
full  and  particular  Report,  and  his  Highnes  thereupon  a  satisfactory 
answer.  But  in  lieu  thereof  the  Secretary  of  State  wrote  me  a  letter 
on  the  29th  of  April  this  stile,  to  this  purpose.  That  his  Highnes 
hoped  that  his  Majesty  will  take  a  final  resolution  in  what  his 
Ambassador  hath  represented  to  him  concerning  Bombaim,  and  in 
order  thereunto  his  Highnes  commands  that  D.  Franco  de  Mello  be 
charged  to  represent  the  same  to  his  Majesty  and  that  answer  should 
be  given  to  his  Majesties  letter  in  this  very  form. 

You  see  here  is  not  a  word  of  writing  to  the  East  Indies  to 
suspend  the  tributes  and  impositions  exacted  by  the  Portuguese  till 
the  matter  is  decided,  nor  a  word  of  impowering  the  Portuguese 
Ambassador  to  decide  it,  but  an  expectation  of  some  concessions  from 
his  Majesty,  as  the  delivery  of  Mahim,  (which  the  Secretary  in  my  first 
discourse  with  him  in  this  affair,  told  me  his  Majesty  was  unjustly 
possess 'd  of)  and  the  like,  and  a  farther  order  to  the  Ambassador  to 
demand  the  same ;  which  is  the  scope  of  the  answer  sent  to  his  Majestie's 
letter.  So  that  instead  of  giving  his  Majesty  satisfaction  for  the 
injuries  done  to  his  Subjects  in  Bombaim,  they  seem  to  expect 
satisfaction  of  injuries  done  to  them.  How  this  great  difference  will 
be  avoided  I  can't  tell.  I  have  done  all  that  is  in  my  power,  and  have 
my  final  answer.  But  if  it  were  true,  that  Mahim  were  of  right 
belonging  to  the  Portuguese,  one  would  wonder  they  should  contest 
it  with  his  Majesty,  considering  how  much  He  has  done  for  them 
beyond  the  obligations  of  the  Treaty  of  Matrimony.  What  charges 
they  put  him  to  before  they  gave  him  possession  of  Bombaim,  and  of 
how  little  profit  Mahim  would  be  to  them,  Goa  itself,  and  all  the  places 
they  possess  in  the  East  Indies  being  so  many  charges  to  the  Crown  : 
and  you  will  doe  it  a  kindness  to  take  Carinjah  and  Salcote* 
into  your  possession,  which  certainly  belong  to  you  as  well  as  Mahim, 
as  appurtence  to  the  Port  of  Bombaim. 

I  shall  trouble  you  no  farther,  but  with  the  hearty  offer  of  my 
service  to  you  being 

Sir  Your  most  faithfuU 

and   most  humble  servant 

Ffran.  Parry. 


562  JOURNAL  OF  INDIAN  HISTORY, 

Sir  Wm.  Thomson. 
[Endorsed.] 

^     ^  „    ,  A  Court  of  Committees  holden  the  26th  May  1682. 

Court  Book 

XXXIII,  On  consideration  this  day  had,  of  the  state  of  the  Compas.  affairs 

page  11.  at  Bombay;  It  is  ordered  that  the  same  be  referred  to  Sir  John  Banks 
Sir  James  Edwards  and  Mr  Edwin,  to  peruse  the  transactions  that 
have  passed  touching  the  obstructions  that  have  been  given  by  the 
Portuguez  in  the  Compas,  trade  at  Tannah  and  Carinjah,  and  to 
represent  the  same  unto  his  Matie.  in  such  manner  as  they  shall  think 
fitt. 

A  Court  of  Committees  holden  the  31st  May  1682. 

Court  Book 

XXXIII,  It  is  ordered,  that  it  be  referred  to  the  Committees  for  the  affayrs 

page  12.     Qf  Bombay  to  move  his  Matie.  not  onely  for  a  free  passage  by  the 

Forts    of    Tannah    and    Carinjah  but  that  demand  may  be  made  of 

satisfaction  for  the  damages  and  Losses  the  Compa.  have  susteyned  by 

obstructions  given  them  in  their  trade. 

A  Court  of  Committees  holden  27th  April  1683. 

Court    Book 

XXXIII,         xhe   Court  desired  the  Governor  to  present  unto  his    Maty,   in 
page  137.    CQu^cil,  the  petition  that  was  formerly  drawn  up  of   the    Compas. 
grievances  touching  Tannah  and  Carinjah. 

The  following  document  carries  the  history  of  this  Conburery 
down  to  1692. 

Court  B  ok  "An  answer  of  the  East  India  Company  to  the  Portugese 
77,  Vol.  XVI.  King's  Memoriall  concerning  Bombay.  All  the  inhabitants  of  Bom- 
bay subject  to  the  Portugese  king  became  subjects  to  His  Majesty 
King  Charles  II.  The  Company  have  spent  £400,000  in  f ortifjdng 
and  maintaining  the  garrison  there  and  in  defending  it.  Again, 
all  the  inhabitants  paid  to  the  Portugese  king  J  part  of  the 
fruits  of  their  land,  besides  their  services  in  Arms  ;  but  the 
Company  in  the  time  of  Aungier  agreed  to  accept  20,000  xeraphins 
per  annum  for  the  surceasing  of  all  duties  into  their  hands.  The 
Portugese  have  been  listed  and  served  in  the  militia.  In  the 
last  Dutch  War  the  inhabitants  appeared  in  arms  to  the  number 
of  7  or  8  thousand  of  all  Nations,  and  such  as  did  not,  were 
confiscated  according  to  the  ancient  law  of  the  island,  even  during 
the  government  of  Aungier.  All  persons  in  Bombay  are  bound 
to  serve  ;  but  many  of  Portugese  not  only  neglected  to  do  it,  but 
many  did  desert  the  island."  The  Company  then  defends  its 
officers  whom  the  Portuguese  king  charged  with  injustice,  etc. 
Dated  March  18,  1692. 

The  following  extracts  from  the  pamphlets  in  the  British 
Museum,  deahng,  directly  or  indirectly,  with  Bombay,  throw 
further  light  on  the  early  history  of  Bombay.     I  have  left  out  the 


ANGLO-PORTUGUESE  NEGOTIATIONS.  563 

account  of  Bombay  by  early  travellers,  as  they  are  well  known 
to  students  of  Indian  History  and  have  already  been  published. 
I  have  cited  a  few  pamphlets,  in  the  first  number  of  the  Journal 
of  Indian  History,  in  my  article  on  the  "  Company's  War  with 
Aurangzebe." 

The  translations  and  transcripts  from  the  Portuguese  archives 
at  Lisbon  which  Mr.  Dan  vers  procured  for  the  Record  Depart- 
ment, India  Office,  have  not  yielded  much.  Copies  or  originals 
of  all  the  documents  on  the  early  history  of  Bombay  are  pre- 
served in  the  PubUc  Record  Office,  and  I  have  not  come  across 
any  important  authority  for  the  history  of  the  City.  The  MSS. 
Letter  Books  are,  of  course,  on  a  different  footing,  and  the 
Despatches  of  the  Directors  throw  considerable  light  on  this 
quarrel.  Limitation  of  space  is  my  chief  excuse  for  omitting  to 
reproduce  some  of  these  characteristic  expressions  of  their  poUcy. 
The  first  Number  of  this  Journal  contained  extracts  dealing  only 
with  the  war  with  Aurangzebe.  I  may,  later  on,  fill  up  this 
gap   and  reprint  extracts  from  some  of  these  Despatches. 

Both  the  Bodleian  and  the  British  Museum  Library  are  ex- 
tremely rich  in  pamphlet  literature,  and  Bombay  figured  promi- 
nently in  the  merciless  literary  warfare  which  the  reckless  adven- 
turers, convinced  whigs,  and  shrewd  woollen  merchants,  launched 
on  the  devoted  heads  of  the  Company.  I  have  selected  only  six- 
teen that  deal  directly  or  indirectly  with  Bombay.  The  list  is 
hmited  to  the  Company's  war  with  Aurangzebe,  and  its  early 
history  must  be  studied  in  books  and  pamphlets  published 
during  the  years  1660 — 88. 

(1)  Supplement  to  Former  Treatise.     By  Sir  Josiah  Childe. 

B.  M. 

(2)  The  Great  Oppressions  and  Injuries  which  the  Company 

have  acted.   Bodleian  Library. 

(3)  The  Present  State  of  the  East  India  Company's  Affairs. 

Bodleian,  Q.  658. 

(4)  Reasons  Against  Making  the  East  India  Company,  etc., 

B.  M. 

(5)  News  from  the  East  Indies.    *  B.  M. 

(6)  An  Account  of  the  East  India  Company's  War  with  the 

Great  Moghul.  B.  M. 

(7)  Proposals  for  Settling  the  East  India  Trade.  B.  M. 

[*  B.  M.  stands  for  the  British  Mufieam.] 


564  JOURNAL  OF  INDIAN  HISTORY. 

(8)  Some  Remarks  on  the  East  India  Company's  Accompt 

and  Propositions.  B.  M.* 

(9)  The  East    India  Company's  Reply    to    the   Petition    of 

Charles  Price.  B.  M.  Read  also  Charles  Price's  Petition. 

(10)  An  Account  of  the  Trade  to  the  East  Indies.     By  George 

White.  *  B.  M.  and  Public  Record  Office. 

(11)  A  Letter  to  Mr.  Nathaniel  Bench  in  Answer  to  a  Paper 

by  Him.     By  George  White. 

(12)  Answer  of  the  East  India  Company  to  Certain  Heads  of 

Complaint   Exhibited    Against  them  by    the    Petitions 
Against  the  Said  Company.     Duplicate  in  P.  R.  O. 

(13)  The  Company's  Answer  to  White.  B.  M.* 

(14)  Some  Considerations  on  the  Nature  and  Importance  of 

the  Trade.  B.  M.* 

(15)  A    New    Account  of   the  East    Indies.     By  Alexander 

Hamilton.     This  is  a  well-known  book. 

(16)  A  Letter  to  a  Friend  Concerning  the  East  India  Com- 

pany.    India  Office  Tracts,  India  Office  Library. 

(17)  A  Letter  from  a  Lawyer  of  the  Inner  Temple.  India  Office 

Tracts,  India  Office  Library. 

(18)  A  Letter  to  a  Member  of  Parliament.  India  Office  Tracts, 

India  Office  Library. 

(19)  Treatise  on  the  Coins  of  England. 

(20)  Reasons  Against  E.  I.  C.  Bodleian. 

All  of  these  pamphlets  deal  mainly  with  the  Company's  war 
with  the  Moghul.  This  list  is  not  exhaustive,  and  I  have  selected 
only  the  typical  productions  of  the  period.  Some  oi  these 
pamphlets  are  mere  fly-sheets  ;  others,  however,  are  very  impor- 
tant, and  to  the  student  of  the  early  history  of  Bombay  they  are 
of  essential  use. 

An  interesting  pamphlet,  entitled,  "  Reasons  humbly  offered 
against  establishing  the  East  India  Company  by  Act  of  Parliament," 
{Bodleian  Library,  Rawlinson  MSS.,  Q.  658,  A^^  2)  shows  clearly 
enough  the  effect  of  the  policy  inaugurated  by  Childe.  The 
farman  is,  as  usual,  the  object  of  their  dislike,  and  the  Interlopers, 
who  now  adopted  the  high-sounding  name  of  Free  Traders,  and 

[*  B.  M.  stands  for  the  British  Museum.] 


ANGLO-PORTUGUESE  NEGOTIATIONS.  565 

whose  views  the  author  championed,  show  the  absurdity  of  main- 
taining forts  in  India.  "  The  Government  and  natives  in  India 
had  always  treated  the  Free  Traders  with  singular  kindness ;  they 
protect  in  their  parts,  as  they  did  the  ship  Success  last  year,  from 
the  French.  They  have  offered  Fhirmaunds  to  particular  Free 
Traders,  inviting  them  to  Traffic  with  most  endeavouring  motives. 
These,  with  the  Humanity  of  the  Indians,  are  great  security  to  us 
in  our  Trade  with  them,  and  are  sufficient.  But  Forts  and  Castles 
are  none  at  all,  in  case  the  Great  Mogul  at  any  time  offend  us.  If 
they  meet  at  sea,  our  Forts  and  Castles  cannot  defend  us. 
So  that  Forts  in  India  are  at  best  no  better  to  us  in  point 
of  security  or  defence  against  the  enemies  than  castles  in  the 
air,  but  may  do  us  much  hurt,  for  they  are  likely  to  create 
jealousy  in  Moghul,  and  other  princes  of  India." 

Some,  however,  went  even  further.  The  Company,  asserted 
the  fanatics,  had  wrought  havoc  in  Bombay  ;  it  had  dishonoured 
the  English  name  in  Surat,  and  it  had  made  the  English  nation 
contemptible  in  the  eyes  of  the  Great  Mogul.  Would  it  not  be 
better  to  dissolve  the  old  Company  ?  Only  by  this  means  could 
England  recover  her  reputation.  This  view  found  expression  in 
a  pamphlet,  entitled  "  Reasons  humbly  offered  against  grafting 
upon  or  confirming  the  present  East  India  Company."  [Bodleian 
Library.) 

Apart  altogether  from  the  fear  that  "  the  mingling  of  a 
fresh  honest  estate  with  the  unhallowed  Remains  of  the  old  Leaves 
may  subject  it  to  miscarriage  and  a  curse,"  the  Government 
could  not  ignore  the  solid  advantages  that  would  be  secured  by  the 
"  disbanding  the  present  Company  and  the  establishing  a  new 
Company,"  as  it  "would  be  looked  upon  with  a  good  eye  in  the 
Court  of  the  Mogul,  as  a  just  answer  infficted  on  the  said  Company." 
This  would,  moreover,  ' '  be  notable  expedient  to  secure  the  Honour 
of  the  Kingdom  that  our  King  be  sufficiently  qualified  with  Honour 
and  Justice,  and  will  prove  a  proper  method  to  recommend  the 
English  nation,  and  to  extend  our  Commerce." 

These  complaints  were  followed  by  others.  The  Company's 
forts,  its  expenditure  on  their  maintenance,  and  the  system  of  its 
administration,  were  subjected  to  violent  criticism,  and  people 
noted  with  surprise  the  extent  of  the  losses  sustained  by  it  during 
the  last  ten  years  of  the  nineteenth  century.  The  following 
extract  from  a  pamphlet  in  the  British  Museum,  816  mil,  shows 
the  length  to  which  that  peculiar  species  of  criticism  was  carried 
in  those  days.     The  author,  acting  on  the  conviction  that    the 

N 


566  JOURNAL  OF  INDIAN  HISTORY. 

"  plain,  honest  way  of  making  the  Enquiry  is  by  comparing 
what  they  have  lost  and  relinquished  since  the  former  stock 
made  a  general  transfer  of  all  their  rights  and  titles  to 
them,"  found  only  the  following  additions  to  the  Old  East  India 
Company's  Stock,  1657. 

"  (1)     Bombay,  the  uselessness  of  which  is  demonstrated  in 
a  letter  only  received  from  their  General  in  1690." 

(2)  For  St.  David's,  which  they  purchased  of  an  Indian 
Prince  for  £  12,000. 

(3)  Bencoolen,  where  they  have  a  very  inconsiderable  Fort. 

(4)  Tonquin,  being  built  only  with  canes  called  Bamboos." 

These  were  the  additions.  He  then  shows  the  losses.  Of 
course,  they  were  enormous.  The  Company  lost,  during  the 
same  period, 

(1)  Macasser,  on  the  island  of  Celebes. 

(2)  Acheen  and  Jambee. 

(3)  Two  factories  in  the  Kingdom  of  Pegu. 

(4)  Bantam,  Japarra,  Cherrypoone,  and  Jabia,  considerable 
settlements  on  the  Java. 

(5)  Ahmedabad,  Agra,  Lucknow,  and  Scinde,  four  factories* 
from  which  they  have  since  been  driven  out. 

(6)  Some  places  on  the  Island  of  Borneo. 

(7)  Their  factories  in  Bengal  are  now  in  ruin." 

To  these  charges,  and  to  various  others  which  poured  forth 
in  quick  succession.  Sir  Josiah  Childe  made  a  bold  reply.  It  is 
couched  in  strong  terms,  and  is  a  mixture  of  mendacious 
statements,  high-flown  eulogies,  and  coarse  satire. 

"  The  Company,"  declared  Sir  Josiah,  "  do  not  desire  to 
boast  of  the  success  God  Almighty  has  given  to  their  just  arms, 
nor  of  their  present  condition.  The  case  of  the  Company  is  that 
these  are  the  very  men  that  by  an  unparalleled  Instance  of 
Presumption,  by  diverse  ships  made  such  a  combination  in  India 
as  occasioned  the  loss  of  Bantam,  the  Rebellions  of  Bombay  and 
St.  Hellena,  the  subduction  of  all  the  English  privileges  by  the 
native  kings  of  India;  and  consequently  great  wars  and  bloodshed 
to  recover  those  rights  to  the  EngUsh  Nation.  Should  they,  now, 
hope  to  be  received  as  the  Assertors  of  the  Rights  of  the  People 


ANGLO-PORTUGUESE  NEGOTIATIONS.  567 

of  England,  as  if  our  own  Liberty  should  be  converted  into 
Licentiousness,  and  the  Ruin  of  our  Common  Country  by  a 
Toleration  to  Join  with  Heathens  and  Papits  in  actual  hostihty 
against  this  Kingdom,  to  destroy  the  English  interest  in  India? " 
"  The  Company  hope  all  Gentlemen  know  that  the  Govern- 
ments of  those  Eastern  parts  of  the  world  are  merely  despotical, 
and  that  the  admired  and  beloved  common  laws  of  this  King- 
dom are  plants  too  precious  to  be  understood,  or  grow,  so  far 
Eastward,  or  on  any  other  soil  then  that  of  our  blessed  Nation.' ' 

Childe  then  pays  his  tribute  to  his  namesake  in  the  following 
terms.  The  eulogy  is  exaggerated  enough  ;  but  so  is  the  criticism 
directed  against  his  beloved  general  by  George  Heathcote 
and  his  coterie. 

"  The  Company's  General  of  India,  Sir  John  Child,  who  hath 
lived  about  35  years  in  that  country  without  ever  seeing  his  own, 
is  a  person  of  known  sobriety,  wisdom,  Truth,  and  Courage, 
esteemed  and  beloved  by  people  of  all  Nations  in  India,  that  have 
so  much  ingenuity  as  to  acknowledge  virtue  in  an  enemy. 
Something  whereof  will  occur  to  every  man's  observation 
that  knows  he  managed  that  hazardous  war  against  the  Mogul 
with  such  success  and  moderation  as  that  he  took  almost  all  the 
ships  of  the  Moguls'  and  his  subjects'  ships,  sailing  in  and  out  of 
Suratt,  without  spilling  a  drop  of  their  blood,  and  dismissed  the 
prisoners  with  clothes  and  money  in  their  pockets  which  gained 
such  reputation  to  our  nation  even  amongst  the  Moors  themselves, 
that  they  became  universally  Advocates  and  solicitous  to  the 
Mogul  for  the  pacification  upon  which,  unconstrained,  he  delivered 
back  all  the  Moors'  ships,  except  Abdul  Gophar's,  who  was  a  great 
incendiary  towards  the  war." 

It  would  hardly  be  fair  to  compare  this  eulogy  of  Sir  John 
Child  with  Alexander  Hamilton's  pamphlet,  entitled  "A  New 
Account  of  the  East  Indies,"  1727. 

Childe's  "  Supplement  "*  to  his  treatise,  A  New  Discourse  of 
Trade,  gives  us  further  information  on  Bombay. 

"  Again,  within  the  same  time  the  Company  have  Built,  Fortified, 
and  Grarrisoned  three  Forts  in  several  parts  of  India,  and  coming 
from  thence  the  15  ships  consigned  to  Bombay,  and  to  the  coast 

of  India,  their  cargoes  amounting  to  £356,000  (pp.  5-6) The 

Company  have  built  new  forts  in  and  strengthened  their  Island  of 
Bombay,  and  have  ordered  a  dry  dock  to  be   built  there.     They 

•  Snpplement,  1689,  the  Printed,  1681.     British  Museum. 


568  JOURNAL  OF  INDIAN  HISTORY, 

have  also  reduced  the  principal  part  of  their  Trade  of  Surat  to 
their  own  Island  of  Bombay.  The  Island  has  cost  the  Company 
in  fortifying  and  garrisoning  at  times  above  £500,000,  and  never 
produced  any  return  to  the  Company,  though  it  be  one  of  the 
best  ports  in  the  Eastern  world.  The  former  Committee  could 
not  make  such  a  move  (transferring  the  Surat  trade  to  Bombay) 
for  fear  of  {a)  charges,  (&)  of  the  Mogul,  whose  people  gained 
exceedingly  by  our  ships  riding  in  their  ports." 

"  The  Moghuls,  therefore,  durst  injure  and  affront  the  English, 
while  they  had  the  President  and  all  the  chiefs  of  the  Nation 
as  a  pawn  continually  in  their  hands,  to  secure  their  patient 
offerings  of  contempts  whatsoever. 

But  the  case  is  now  altered  by  the  conduct,  cost,  and  courage 
of  the  late  Committee,  and  the  Moors  must  be  and  will  be  civil 
hereafter." 

Childe  then  summarises  the  results  of  the  "  glorious  "  war 
with  Aurangzebe  in  his  usual  way.  The  firman  is  flaunted  before 
an  ignorant  public,  and  a  great  parade  is  made  of  the  vindication 
of  the  honour  of  the  English  nation.  Here,  however,  he  over- 
reached himself,  as  some  of  his  reckless  opponents  translated  the 
firmans  contemptuously  granted  by  Aurangzebe,  and  exposed  the 
devious  crooked  devices  invented  by  this  resourceful  brain. 

The  Rawlinson  MSS.  257  A,  in  the  Bodleian  Library, 
contains  very  useful  copies  of  Grantham's  Commission  and 
Instruction ;  their  importance  lies,  however,  in  Childe's  letters 
(Nos.  69,  79,  81)  to  Charles  II.  He  informed  Charles  of  the 
Cost  of  Bombay  to  the  Company,  and  asserted  that  "  Keigwins 
rebellion  was  premeditated,  its  main  cause  being  the  "  sug- 
gestion "  of  Interlopers  to  the  conspirators,  and  their  corres- 
pondence with  John  Pettit,  and  George  Bowcher,  "  our  late 
servants  that  have  made  themselves  chiefs  of  all  Interlopers 
in  the  Northern  part  of  India." 

He  reminds  the  king  that  five  mutinies  had  taken  place  within 
a  comparatively  short  time,  and  concludes  by  suggesting  that  one 
Thorburn,  "  a  scotch  Taylor  that  went  out  a  common  soldier, 
and  was,  by  his  obedience,  will,  and  parts  advanced  to  be  an 
Ensign  in  Bombay,  was  the  principal  Engineer,  and  contriver  of 
the  late  Rebellion  at  Bombay,"  while  Captain  Keigwin,  Captain 
Adderton,  and  Lt.  Fletcher  (stood)  next  to  him  in  guilt." 

Sir  Josiah  Childe's  remedies  are  characteristic  of  the  man. 
He  proposed  that  '*the  litigation  that  has  long  depended  may 


ANGLO-PORTUGUESE  NEGOTIATIONS.  569 

have  a  determination,  that  your  Majesty's  subjects  may  know 
their  duty." 

(2)  "  The  Company's  ships  should  be  specially  despatched 
to  Bombay,  Your  Majesty  being  pleased  to  give  such  Com- 
missions under  Your  Majesty's  broad  seal  and  such  papers  under 
Your  Majesty's  Privy  seal,  and  signet  (as  may  be   necessary)  " 

(3)  Your  Majesty  will  be  gracwously  pleased  by  Procla- 
mation or  Privy  Seal  to  command  home  such  of  the  Principal 
Agents  for  Intertopers  on  such  manner  as  may  be  highly  penal  to 
them,  if  they  do  not  give  due  obedience   to  it. 

(Signed)  Josiah  Childe. 

"  The  Memoranda  of  the  Times  and  Seasons  in  sailing  from 
Port  to  Port  in  several  parts  of  India,"  Rawlinson  MSS.,  344 
Bodleian  Library,  contains  an  interesting  reference  to  Bombay. 
The  author  says  : — 

"  Bombay  is  the  seat  of  General  or  Principal  offices  of  the 
English  East  India  Company.  It  produces  salt  in  abundance, 
and  coaconut.  It  is  a  place  of  small  trade,  though  it  has  conveni- 
ency  for  a  very  good  road,  and  a  good  entrance  to  it,  and  having 
no  danger  in  the  way  but  a  Sunkers  ( ! )  Rock,  and  a  bank  called 
the  Modde  Ground,  which  last  is  not  in  the  way." 

This  account  of  the  early  history  of  Bombay  may  be  fitly 
concluded  by  the  following  letters,  one  from  the  Viceroy  of  Goa, 
and  the  other  from  the  King  of  Portugal. 

The  Viceroy  declared,  in  his  letter  dated  December  19,  1695 
"  These  English,  directly  they  become  aware  we  intend  cutting 
off  their  supplies,  suggest  to  the  enemies  that  they  make  some 
demonstration  against  our  territories,  and  this  they  generally  do, 
at  a  season  before  the  crops  are  fit  for  gathering,  when  the 
inhabitants  and  Vassals  of  Bacaim,  frightened  at  the  idea  of  war, 
and  fearing  they  may  lose  their  crops,  send  them  to  Bombay  for 
safer  custody  and  a  better  sale.  Thus  the  British  secure  larger 
supplies  than  they  require,  and  sell  the  surplus  for  high  prices. 
This  is  not  all  the  English  do ;  they  supply  the  enemy  with  arms 
and  ammunition,  to  the  great  danger  of  the  state,  which  could 
scarcely  defend  itself  against  its  Asiatic  enemies." 

The  King's  reply  is  characteristic.  "  Having  noted  what  you 
write  to  me  as  regards  the  English  in  Bombay  having  sent  the 
Arabs  of  Muscat  powder,  shot,  and  all  other  necessaries  for  the 
equipment  of  their  ships,  thus  interfering  with  the  peace  negotia- 


570  JOURNAL  OF  INDIAN  HISTORY. 

tions  which  they  contemplated  entering  into,  in  consequence  of 
the  losses  inflicted  on  them  by  our  foregates  in  1693,  and  that 
they,  the  Arabs,  had  carried  the  British  flag  and  employed 
English  Captains  in  order  to  avoid  seizure  and  to  be  enabled 
to  carry  contraband  goods  ;  in  reply  to  your  question  as  to 
what  action  you  are  to  take  in  such  cases,  I  would  say  that  at  any 
time  that  any  of  the  enemy's  ships  are  encountered  under  the 
command  of  English  Captains  they  should  be  seized.  I  would, 
however,  recommend  you  to  be  cautious  in  these  matters,  and 
bear  in  mind  the  state  of  the  weather  and  the  forces  at  your 
disposal." 

Such  was  the  end  of  the  happy  alliance  of  poor  Charles  II. 
One  of  the  shrewdest  of  men,  he  found  himself  tricked  at  every 
turn  of  the  diplomatic  wheel  by  the  subtle  Portuguese. 


INDEX. 


Abunhados.  481. 

Accounts  of  Bombay.  See  Reports. 

Adderton.  Capt..  568. 

Alamtejo,  439. 

Albemarle,  439. 

Alfonso  VI.  439. 

Letter  from  Governor  of  Bombay, 
439. 

Instructs  Viceroy  to  surrender  Bom- 
bay, 445. 

Negotiates  for  purchase  of  Bom- 
bay. 461. 

Almayda,  Don  Pedro  de,  Viceroy    of 
Goa. 
Report    to    Charles    II    concerning 
Thana  and  Carinjah.  548. 

Almeida,    Dom  Pedrode.    Viceroy   of 
Goa,  484. 
Reply  to  Charles  II  regarding  tolls. 
484. 

Amboyna,  43^^. 

Angediva,  447. 

Cooke's  reports  from,  463.  464. 

Armagou,  424. 

Assada,  429. 
Adventurers,  429. 

Aungier.  427. 

Aurangzebe,  485. 


Baudarino,  481. 

Bandora.  480,  543. 

Baragnas,  543. 

Baragoa,  481. 

Bashaw  of  Bussora,  486. 

Bassein.  430,  454,  480. 
Report  on,  532. 


Belgrade,  fort,  533. 

Bengalla,  King  of,  486. 

Bennett,  Sir  Henry.  Letter  to  Ambas 
sador  in  Portugal,  454. 

Biondi,  530. 

Blackman,  President,  428. 

Bombay,    Authorities    for    study    of, 

419. 
First  visit  of  the  English,  421. 
Accounts  of.  See  Reports. 
Fortification  of,  424,  42S. 
Economic    condition    of    Company 

in  1635,  427. 
Inhabitants'  Petition  to  Charles  II. 

451. 
Surrendered  to  the  English,  455. 
Cooke's  reports  on  the  surrender,  461 
Terms  oi  surrender,  479. 
Lucas'  report,  486. 
Report    on  Law  Court  by  Wilcox. 

490. 

Botelho.  421. 

Bowcher,  George;  568. 

Bowen,  Capt.  Robert,  463. 

Bristol.  439. 

Browne,    Capt.    Arnold.    Report     on 
Bombay,  442. 

Bulwark  of  the  Sea,  fort.  533. 


Cabull,  taken  by  Pathans,  501. 

Cambaya,  432. 

Candaharr,  501. 

Cape  Commorin,  432. 

Cape  of  Good  Hope,  432. 

Carinjah  481.  483,  485,  531,  543. 
Ccmp  ny,  claim  ngi-ts  to,  512. 
Description,  534. 
Report  by  Viceroy  of  Goa,  548. 


572 


Carapatam,  4.10. 

Castro,  An  to  de  Mello  de,  Govemoi  of 
Bombay. 

Letter  to  Queen  of  Spain,  443. 

Letter  to  King  of  Spain,  444. 

Letters  regarding  refusal  to  surrender 
Bombay,  456,  466. 

Instructions  for  purchase  of  Bom- 
bay, 461 . 

Refuses  aid  to  Cooke  against  Dutch, 
478. 

Catharine,  Infanta,  439. 

Charles  II.  Assists  Portuguese  against 
Spain  and  Netherlands,  420. 

Company  refuse  to  co-operate  with, 
431. 

Marriage,  439. 

Letter  to  Sir  Abraham  Shipman,  446 

Inhabitants  of  Bombay  petition,  451. 

Repudiates   Cooke's  treaty,    482. 

Almeida's  reply,  484. 

Southwell's  report  of  Portuguese, 
515. 

Reply  to  Southwell's  report,  520. 

Petition  regarding  tolls  at  Thana  and 

i    Carinjah,  545. 

Letter  to  Prince  Regent,  549. 

Child,  Sir  Josiah,  424. 

Reply  to  complaints  against  Com- 
pany, 566. 

Clarendon,  439,  441. 

Colai,  530. 

Committee  of  Trade,  Reports  on  Pirer, 
^/  550. 
Company's  reply  to  his  claims,  552. 

Company.     See  East  India  Company. 

Cong,  486. 

Cooke,  Humphrey.  Reports  on  surren- 
der of  Bombay,  461. 

Account  of  Bombay,  471. 

On  possession  of  Mahim,  475. 

Fortification  of  Bombay,  477. 

Advises  fortification  of  Pataires, 
479. 

Lucas'  report  on  his  administration, 
486. 

Treaty  with  the  Portuguese,  518, 
526. 

Cromwell,  OUver,  428. 
Attitude  towards  the  Company,  429. 
Company's  petition  to,  430. 


Wylde's  Remonstrance,  431. 
Cummbies,  481. 

Dabnll,  432,  433. 

Daman,  432. 

Danda  Rajapore,  430,  432,  433. 

Davis,  David.  Account  of  landing  at 
Bombay,  422. 

de    Mello,  Francisco.  Portuguese  Am- 
bassador, 439. 

Diu,  432. 

Terms  for  surrender,  433. 

Dutch,  Hostility  to  the  Company,  424 . 
Refuse  to  co-operate  with   English, 
425. 


East  India  Company,  status  of,  423. 
Project  for  fortified  towns  suspended 

426. 
Project  again  considered,  429. 
Report  in  1635,  427. 
Petition  to  Cromwell,  430. 
Refusal  to  co-operate  with  Charles  II, 

431. 
Policy  regarding  treaty  of  1661,  440. 
Losses  caused  by  Shivaji,  501. 
Petition  to  Charles  II,  502,  510. 
Petition  to  Viceroy  of  Goa,  508. 
Viceroy's  reply,  509. 
Company's  minutes  thereon,  509. 
Customs  duties  at  Gombroone,  521 . 
Reports  on  land  held  and  positions 

to  be  annexed,  530. 
Reply  to  Pirez's  claims,  553. 
Report  of  Company  in  1692,  562. 

Elephanta,  531. 

Elsinore,  527,  536. 

English,  first  visit  to  Bombay,  421. 
Treaty  with  Portuguese,  439. 
Government,  economic  character, 

441. 
Ambassador  in  Portugal,  454. 

Evans,  John,  530. 


Fanshaw,      English     Ambassador    in 
Portugal,  454. 


573 


Fletcher,  Lieut.,  568. 

Fremlen,  Mr.,  President,  433. 

French,  Heme's  complaint,  489. 

Fryer,  Dr.,  427,  448. 

Furtado,    Lord    Lewis    de    Mendoca, 
Viceroy  of  Goa,  482. 
Petition  from  the  Company,  508. 
Rephes  to  the  Company,  509. 

Galiana,  530. 

Gary,  Henry.  Letters  to  Marlborough 
Shivaji's  raid  on  Surat,  448. 
Viceroy's  refusal  to  cede  BoabBy, 
450. 

Goa,  457. 

Cooke  sails  for  Bombay,  466. 
Furtado,  Viceroy,  482. 
Almeida,  Viceroy,  484. 

Golgundaugh,  King  of,  486. 

Gombroone,  521. 


Hamilton,  Alexander,  421. 

Heme,    Nathaniel.    Complains    of 
seizure  of  boats  by  French,  489. 

Higgenson,  Charles,  463. 

Hubely,  captured  by  Shivaji,  501. 

Hungerford,  Colonel,  442. 

Hunter,  Sir  WiUiam,  424,  429. 


Lagundy,  424. 
La  Hay,  M.  501. 

Langhome,  Sir  William,  502. 

Law,     Courts     of.     Established 
Bombay,   490. 

Report  by  Wilcox,  490. 
Lucas,  Sir  Gervase  Report  by,    486. 


Mahim.  Portuj^uese  protest  against 
British,  475. 

Arrears  of  rent  before  taking  pos- 
session, 475. 

Customs  duties,  530. 

Cjnceming  possession  of,  540. 

Mandeins,  custom  house,  548. 

Marlborough,  Earl  of,  442. 

Letter    to    Queen    concerning    his 

conduct,  443. 
Report  from  Abraham  Shipman,  447. 
Reports  from  Henry  Gary,  448,  449 

450. 

Metchelepatam,  501. 

Methwold,  President.  Account  of  Bom- 
bay, 427. 

Meyner,  Capt.  Richard,  445. 

Moghuls,  confer  with  Wylde,  432. 
Govemment,   Privileges  granted  to 

Company,  423. 
Shivaji's  raid,  448. 

Murr,  530. 


Netherlands,  at  war  with  Portugal,  420. 


Java  Major,  432. 
John  IV,  439. 
Juan,  Don,  439. 

Keigwin,  Capt.,  568. 

Kerridge,     President.     Summary      of 
landing  at  Bombay,  423. 
Favours  occupation  of  Bombay,  425. 

Knight,  Sir  William  Thompson,  545. 


Ormond,  439. 

Ovington,  Rev.  Account  of  Bombay. 
427. 

Oxenden,  Sir  George,  427,  446. 

Refuses  transports  for  Cooke,  464. 
Refuses  assistance  to  Cooke,  477. 


Parry,  F.     Envoy  to  Portugal,  549. 
Report  by,  561. 

Passo  Secco,  fort,  533. 


574 


Pataires,   Cooke   advises  fortification, 
479. 

Pategos,  island,  531. 

Pathans,  capture  Cabull,  501. 

Pettit,  John.  568. 

Pirez,  Don  Alvaro.  Claims  of,  550. 
Company's  reply  concerning  Pirez, 
553. 

Portuguese,  hostility  to  the  Company* 

424. 
Cessation  of  arms,  433. 
Treaty  with  English,  439. 
Government,     economic    character, 

441. 
Delay  cession  of  Bombay,  441. 
Account  of  their  administration,  451. 
Surrender  Bombay,  455. 
Company    petition    Charles    II     on 

their  rights,  502. 
Cooke's  Treaty,  518,  526. 

Pule  Run,  429. 


Rajah  Jesson,  485. 

Rajapore,  432,  433. 

Reports  on  Bombay  by 
David  Davis,  422. 
James  Slade,  424. 
President  Kerridge,  425. 
Richard  Tuck,  426. 
President  Methwold,  427. 
Rev.  Mr.  Ovington,  427. 
Mr.  Waite,  427. 
Capt.  Arnold  Browne,  442. 


Slade,     James.     Account     of   British 
landing,  424. 

Smith,  Anthony,  449. 

Southwell,  Sir  Robert,  501. 

Report    to    Chailes    II    regarding 

Portuguese,  515. 
Report  on   Boundaries  of   Bombay, 

524. 
Receives  ^100  gratuity,  539. 

Spain.     War  with  Portugal,  420. 

Spiller,  John,  428. 

St.  Thoma,  501. 

Surat,  headquarter  of  Company,   423. 
Shivaji  raids,  449. 


Tangier,  420. 

Thana,  455,  483,  484. 
Company  claims,  512. 
Report  by  Viceroy,  548. 

Thompson,  Maurice,  429. 

Thomson,  Major,  501. 

Thorburn,  Ensign,  568. 

Treaty  of  1661,  439. 

Policy  of   the   Company   regarding 

440. 
Article  XI,  513. 

"  Trumbay,  "  530. 

Tuck,    Richard.   Account  of  Bombay, 
426. 


Salsette,  455.  480,  481,  530,  543. 

Sandwich.  Earl  of.  439. 

Sevine.  Nevine.  531. 

Shipman,  Sir  Abraham,  442. 
King  Charles'  letter  to,  446. 
Letter  to  Marlborough,  447. 
Death  of,  461 . 

Commission  to  take  over  Bombay, 
522, 

Shivaji,  485. 

Raid  on  Surat.  448. 
Captures  Hubely.  501. 
Plunders  Visapore,  501.- 


Van  Goens,  Rickleflfe,  501. 

Vassava,  530. 

Visapore,  433. 

Raided  by  Shivaji,  501. 

Vitchapore,  King  of,  486. 

Waite.  Account  of  Bombay,  427. 

Wilcox,  George.  Appointed  judge,  490, 
Report  on  Law  Courts,  490. 


Wylde,     Richard.      Remonstrance 
Cromwell.  432. 


to 


ALLAHABAD  UKIVERSITY  STUDIES  IN  HISTORY. 

General  Editor  :     SHAFAAT  AHMAD  KHAN,  Litt.  D. 

University  Professor  of  History,  Allahabad  University. 

The  East  India  Trade  in  the 

XVI  Ith  Century 

In  its  Political  and  Economic  Aspects, 

BY 

Dr.  SHAFAAT  AHMAD  KHAN,  Litt.  D. 
Clarendon  Press,  Oxford. 


THE  HISTORY  OF  JEHANGIR 


BY 


BENI  PRASAD    M.A. 
Oxford  University  Press,  Madras  Branch. 


JOURNAL  OF  INDIAN  HISTORY 

EDITOR 
SHAFAAT  AHMAD  KHAN,  Litt.  D.,  F.R.  Hist.  S. 

University  Professor  of  History,  University  of  Allahabad,  India. 
EDITORIAL  BOARD  : 

Dr.  S.  Krishnaswami  iPrincipalH.  G.  Rawunson]  Shafaat  Ahmad  Khan 
AiYANGAR,  University  M.  A.,  I.  E.  S.  University]  Litt.  D.,  University 
Professor      of      Indian  |      of  Bombay.  I     of  Allahabad. 

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